
Glass, 
Book- 



/ ^ '' 



/ 



DIGEST OF LAWS RELATING 
TO FREE SCHOOLS IN 
THE STATE OF ARKANSAS 

Issued by the DEPARTMENT of 
PUBLIC INSTRUCTION 




This book is the property of tlie State of Arkansas. The law 
states tliat it may be furnished only to school officers. When a 
director retires from office tliis book and all school records and re- 
ports should be delivered to his successor in office. 



GEO. B. COOK, Superintendent 



1909 

Batesville Printing Co. 

Batesville, Ark. 



V 






By transfer 

OCT 22 1915 



Digest of School Laws 



ORGANIC LAW. 



Section 7484. Intelligence and virtue being the 
safeguards of liberty, and the bulwark of a free and good 
government, the state shall ever maintain a general, 
suitable and efficient system of free schools, whereby all 
persons in the state, between the ages of six and twenty- 
one years, may receive gratuitous instruction. 

Sec. 7485. Powers of General Assembly. — The gen- 
eral assembly shall provide, by general laws, for the sup- 
port of common schools by taxes, which shall never ex- 
ceed in any one year three mills on the dollar on the taxa- 
ble property of the state; and by an annual per capita 
tax of one dollar, to be assessed;-pn every male inhabitant 
of this state over the age of twenty-one years. Provided, 
the general assembly may, by general law, authorize 
school districts to levy, by a vote of the qualified electors 
of such districts, a tax not to exceed seven mills on the 
dollar in any one year for school purposes. Provided 
further, that no such tax shall be appropriated to any 
other purpose, nor to any other district, than that for 
which it was levied. Art. XIV, Sees. 1 and 3, Const. As 
amended by Const. Amendment No. 8. 

COMMON SCHOOL FUND. 

Sec. 7486. Sources of revenue. — The proceeds of 
all lands that have been, or hereafter may be, granted 
by the United States to this state, and not otherwise ap- 
propriated by the United States or this state; also all 



DIGEST OF SCHOOL LAWS. 

moneys, stocks, bonds, lands and other property now 
belonging to any fund for purposes of education ; also the 
net proceeds of all sales of lands and other property and 
effects that may accrue to this state by escheat, or from 
sales of estrays, or from unclaimed dividends, or dis- 
tributive shares of the estates of deceased persons; also 
any proceeds of the sale of public lands which may have 
been, or may be hereafter, paid over to the state (Con- 
gress consenting) ; also ten per cent of the net proceeds 
of the sales of all state land, and it shall be the duty of 
the state treasurer to set aside this ten per cent to the 
credit of the common school fund when he receives the 
proceeds of this sale from the state land commissioner; 
also all the grants, gifts or devises that have been or 
hereafter after may be made to this state, and not other- 
wise appropriated by the tenure of the grant, gift or de- 
vise, shall be securely invested and sacredly preserved as 
a public school fund that shall be designated as the com- 
mon school fund of the state, and which shall be the com- 
mon property of the state, except the proceeds arising 
from the sale or lease of the sixteenth section. Act March 
15, 1897. 

No money or property belonging to the public school fund, or to 
this state for the benefit of schools or universities, shall ever be used 
for any other than for the respective purposes to which it belong'S. 
Art. XIV, Sec. 2, Constitution. 

Sec. 7487. Funds in doubt apvortioned by court. — 
The county courts of the various counties are authorized 
and empowered to place to the credit of the common 
school fund of the county, any and all school funds that 
may be in the county treasury, derived from various 
sources, and about which there is any doubt as to their 
proper application with the county court, and that said 
school funds, when so placed to the credit of the common 
school fund, shall be, by said county courts, apportioned 
among the school districts of the county as is now pro- 
vided by law. 



DIGEST OP SCHOOL LAWS. 

Sec. 7488. Principal from sixteenth section. — The 
principal arising from the sale of the sixteenth section of 
land shall never be apportioned or used. 

Sec. 7489. Toiunships not entitled to doubtful 
fund. — Should any of the funds mentioned in this act 
arise from the sale of said sixteenth section of land and 
there should be any doubt as to the townships from 
whence it came, then such townships as have not disposed 
^>f the sixteenth section of land, or may have disposed of 
the same and have the proceeds placed to their credit, 
shall not be entitled to any part of the interest arising 
from said doubtful sixteenth section fund. Act March 
18, 1885, Sees. 1, 2. 

Sec. 7490. Annual income from sixteenth section 
fund and per capita tax. — The annual income from the 
said fund,, together with one dollar per capita to be an- 
nually assessed on every male inhabitant over the age of 
twenty-one years, and so much of the ordinary annual 
revenues of the state as may hereafter be set apart by 
law for such purposes, shall be faithfully appropriated 
for maintaining a system of free common schools for this 
state, and shall be appropriated to no other purpose 
whatsoever. Act December 7, 1875, Sec. 2. 

Sec. 7491. State Treasurer required to pay rev- 
enue to counties. — The state auditor shall, on requisition 
from the state superintendent of public instruction, draw 
warrants on the state treasurer for payment to the sev- 
eral county treasurers of the school revenues due their 
respective counties. 

Sec. 7492. County collector required to pay per 
capita tax into county treasury. — The per capita tax 
levied by the general revenue laws of the state shall be 
collected by the county collector at the same time and 
place that the state taxes are collected, and be paid in 
the county treasury on or before the first day of July of 
each year, in the presence of the county court clerk, who 



DIGEST OF SCHOOL LAWS. 

shall make a record of the same as a revenue for the sup- 
port of common schools. lb., Sees. 31, 32. 

The penalty collected for the nonpayment of taxes on personal 
property is to be paid into tlie county school fund. See Sec. 7069. 

Sec. 7493. Debts due common school fund shall 
take precedence. — In payment of debts by executors and 
administrators, the debts due the common school fund 
ehall have a preference over all other debts, except fun- 
eral and other expenses attending the last sickness. 

Sec. 7494. Officers not allowed fees. — No justice 
of the peace, constable, clerk of a court or sheriff shall 
charge any cost in any suit where the collector or any 
other officer sues for the recovery of any money due to 
the common school fund, if the plaintiff in such cause is 
unsuccessful. Act January 11, 1853, Sees. 50 and 55. 

COMMISSIONERS OF SCHOOL FUND. 

Sec. 7495. When commissioners shall meet. — The 
secretary of state, auditor and state superintendent of 
public instruction shall constitute a board of commission- 
ers of the common school fund, and shall meet annually at 
the office of said superintendent on the first Monday in 
September of each year. Pj'ovided, the secretary of state 
may assemble the members of said board any time at his 
discretion. Act April 23, 1901. 

Sec. 7496. Secretary of state shall be president. — 
The secretary of state shall be president of said board 
and shall sign the journal of each day's proceedings. Act 
of December 7, 1875, Sees. 3, 4, as amended by act of 
April 10, 1893. 

Sec. 7497. Superintendent of public instruction shall 
be secretary. — The superintendent of public instruc- 
tion shall act as secretary of the said board, and 
shall keep a faithful, correct record of the proceedings, 
and shall keep the said record open at all times for in- 
spection. A copy of said record, certified by the secre- 



DIGEST OF SCHOOL LAWS. 

tary of the board, shall be in all cases received as evi- 
dence equal with the original. 

Sec. 7498. Commissioners shall have management 
of fund. — The said board of school commissioners shall 
have the management and investment of the common 
school fund belonging to the state,, and shall from time to 
time, as the same may accumulate, securely invest the 
said funds in bonds of the United States or the state of 
A rkansas. 

Sec. 7499. All moneys must be paid within thirty days 
when due. — All moneys required by law to be paid 
into the treasury to the credit of the common school fund 
may, if the same be not paid within thirty days after 
they shall have become due and payable, be recovered, 
with interest due thereon, by action in any court having 
jurisdiction; and such action shall be prosecuted by the 
attorney general of the state, or by the prosecuting at- 
torney of any judicial district within this state, when 
directed by the said board. 

Sec. 7500. Warrant of auditor required for pay- 
ment of money. — All moneys belonging or owing to the 
common school fund, as mentioned in Section 7486, or 
accruing as revenues therefrom, together with the state 
school tax, shall be paid directly into the state treasury 
and shall not be paid out except on the warrant of the 
auditor. Act December 7, 1875, Sees. 5 to 8. 

Sec. 7501. Auditor must make annual report- - 
The state auditor shall be the accountant of said board, 
and shall, annually, on the first Monday in October, 
transmit. to the governor and to the superintendent of 
public instruction a report of the condition of the school 
fbnd on the first day of July last preceding, with an ab- 
stract of the accounts thereof in his office. 

Sec. 7502. Auditor shall draw warrants. — The au- 
ditor shall, under the direction of the board of commis- 



DIGEST OP SCH03L LAWS. 

sioners, draw warrants on the state treasurer for the 
payment of all or any portion of the common school fund 
belonging to the state, for the purchase of bonds or other 
securities in which the same is by law invested. 

Sec. 7503. State treasurer shall 'pay for securities. — 
The state treasurer shall, by virtue of such warrant, pay 
from the uninvested common school fund the purchase 
mioney for said securities, and shall receive and deposit 
the same in the state treasury for safe-keeping, and re- 
ceipt to the president of the board of commissioners for 
the kind and amount of such securities. 

Sec. 7504. When hoard shall settle. — The said 
board shall, at their annual meeting, settle with the state 
treasurer all accounts of the common school fund not be- 
fore settled. Ih., Sees. 9-12. As amended by act April 23, 
1901. 

supervision of public schools. 

Sec. 7505. General assembly shall provide officers. 
— The supervision of public schools, and the execution of 
the laws regulating the same, shall be vested in and con- 
fided to such officers as may be provided for by the gen- 
eral assembly. Art. XIV, Sec. 4, Const. 

state superintendent of public instruction. 

Sec. 7506. Office of state supey^intendent created. — 
At the next general election, and every two years there- 
after, there shall be elected a state superintendent of 
public instruction, by the qualified electors of this state, 
as state officers are now elected. 

Duties of State Superintendent. 

Sec. 7507. He shall take and file oath. — Before 
entering upon the duties of his office, he shall take and 
subscribe the oath prescribed for officers by the constitu- 
tion of this state, and shall file such oath with the secre- 
tary of state. . 



DIGEST OF SCHOOL LAWS. 

Sec. 7508. He shall be general supervisor. — The 
superintendent of public instruction shall be charged 
with the general superintendence of the business relating 
to the free common schools of this state. 

Sec. 7509. He shall open office at capitol. — He 
shall open at the seat of the state government (at the ex- 
pense of the state) a suitable office, in which he shall 
keep all books, reports, documents and other papers per- 
taining to his department, and where he shall be in at- 
tendance when not necessarily absent on business, and 
have personal supervision of the business affairs of his 
office, and keep a clear and correct record thereof. 

Sec. 7510. He shall furnish questions. — He shall 
furnish suitable questions for the examination of teach- 
ers to the county examiners ; he shall hold a teachers' in- 
stitute annually in each judicial district of the state, to be 
called a normal district institute; he shall arrange the 
program exercises for each of such institutes, and preside 
thereat. Provided, if he should not be present the teach- 
ers who may have assembled may organize and hold such 
normal district institute. 

That portion of this Section referring to institutes repealed by 
Act May 23, 1907. 

Sec. 7511. He shall furnish mateiHals to county ex- 
aminers. — He shall prepare and transmit to the county 
examiners school registers, blank certificates, reports and 
other printed blanks, together with other suitable blanks, 
form.3 and printed instructions to be forwarded to direc- 
tors and other school officers, as may be necessary to aid 
such officers in making their reports and carrying into 
full effect the various provisions of the school laws of this 
state. Act December 7, 1875, Sees. 13-16. 

Sec. 7512. He shall prepare poll books. — The super- 
intendent of public instruction shall prepare a form of 
poll books to be used by the directors of the various 
school districts of this state at their annual elections as 



DIGEST OP SCHOOL LAWS. 

are now, or may hereafter be provided by law, and have 
the same printed as other blanks for school purposes ; and 
shall transmit the same to the county examiner of each 
county for distribution to school directors in the same 
manner as other school blanks are now, or shall hereafter 
be,, distributed. Act March 2, 1877. 

Sec. 7513. He shall be guardian of school fund, and 
may bring suit. — He shall exercise such supervision over 
the school funds as to ascertain the amount and disposal 
made of the same, their protection and safety when in- 
vested or deposited, and recommend measures for their 
security and preservation, and for rendering them most 
productive of revenue ; shall enforce the strict application 
of the school revenues to the legitimate purposes for 
which they were intended, and shall when directed by the 
commissioners of the school fund, cause to be instituted, 
in the name of the State of Arkansas, suits or actions for 
the recovery of any portion of the said funds or said rev- 
enues that may be squandered, illegally applied, or un- 
safely deposited. 

Sec. 7514. Annuxil report. — Includes what. — He 
shall, on or before the first day of November in each year, 
prepare and submit to the governor of this state an an- 
nual report, in writing, showing the number of persons 
between the ages of six and twenty-one years residing in 
the state on the first day of the preceding July ; the num- 
ber of such persons in each county; the number of each 
sex; the number of white; the number of colored; the 
whole number of such persons that attended the free com- 
mon schools of the state during the year ending the 30th 
day of the last preceding June, and the number in each 
coum;v that attended during the same period; the number 
of whites of each sex that attended, and the number of 
colored of each sex that attended the said schools; the 
number of common schools in the state; the number of 
pupils that studied each of the branches taught; the aver- 



10 



DIGEST OF SCHOOL LAWS. 

a4,'e wages paid teachers of each sex ; the relative average 
wages paid to male and female teachers respectively, ac- 
cording to the different grades of their certificates; the 
number of school houses erected during the year, the 
material and cost thereof ; the number previously erected, 
the material of which they were constructed, their condi- 
tion and value; the number with their grounds enclosed; 
the counties in which teachers' institutes were held, and 
the number that attended the institutes in each county. 

Sec. 7515. He shall likewise report the amount of 
permanent school fund belonging to the state at the close 
of the fiscal school year, and the amount of other proper- 
ty apportioned to school purposes; the nature, kind and 
amount of such investments made of the same ; the safety 
and permanency of such investments ; the amount of rev- 
enue accruing from the school funds ; the income received 
from the per capita assessments of each county, and the 
amount derived from such assessment in all the counties 
of the state; the income derived from all other sources, 
together with the amount derived from each ; likewise in 
what sums, for what purposes and in what manner the 
said school revenue shall have been expended, and what 
amount of school moneys of various kinds are in the var- 
ious county treasuries unexpended. 

Sec. 7516. Shall also report to general a>iseir 
bly. — He shall include in his report such plans as he may 
have matured for the improvement of the common school 
system of this state ; for the accumulation, the investment 
and the more judicious management of the common 
school fund, and, when he may deem it advisable, shall 
recommend measures for a more economical and advant- 
ageous collection and expenditure of the revenues accru- 
ing from the said fund; and whenever it comes to his 
knowledge that any of the investments of the school funds 
are not safe, or that any portion of the said fund is liable 
to be lost, that it is unproductive of revenue, or that any 
of the school revenues have been diverted from their 



11 



DIGEST OF SCHOOL LAWS. 

proper channel or from the appropriate objects contem- 
plated,, he shall report the facts to the governor and to 
the general assembly, if in session. 

Sec. 7517. He shall make a statistical table. — He 
shall also append to his report a statistical table, 
compiled from the materials transmitted to his office by 
school officers, with proper summaries, averages and 
totals given. 

Sec. 7518. Shall make co^nparison. — He shall pre- 
sent such comparison of results and such an ex- 
hibit of his administration, and of the operation of the 
common free school system, together with such state- 
ments of the true condition of the schools of the state, as 
shall distinctly show the improvements and progress 
m.ade from year to year in the department of public in- 
struction. 

Sec. 7519. Report transmitted to General AssemMy. 
' — The annual reports of the state superintendent to the 
governor shall be transmitted by the governor to the gen- 
eral assembly at the opening of the session. 

Sec. 7520. He shall have reports published.—Re 
shall have his reports to the governor published as soon 
as practicable after they have been made, and shall cause 
them to be distributed among the various school officers 
of the state, to be kept on file in their respective offices. 
Provided, he shall not have more than five thousand 
copies of such reports printed for any one year, the print- 
ing of such reports to be let out as other contracts for 
printing. Act December 7, 1875, Sees. 16-23. 

Sec 7521. He shall make a pro rata apportionment. 
— He shall on the first Monday of Septem_ber of each year 
make a pro rata apportionment to the several counties of 
the state of the remaining revenues in the state treasury 
available for distribution for school purposes, on the basis 
of the number of persons between the ages of six and 
twenty-one years, residing in said county, respectively,, 

12 



DIGEST OP SCHOOL LAWS. 

on the first day of July previous; and he shall publish a 
statement of the same, as early as practicable, shall 
transmit a copy thereof to each county examiner and to 
each of the several treasurers in the state, and to each 
county clerk, who shall submit the same to the county 
court at its next term; and he shall thereupon draw his 
requisition on the state auditor in favor of the treasurers 
of the several counties for such amount as the said coun- 
ties may be entitled to receive for the support of free 
common schools. Act April 23, 1901. 

Sec. 7522. He shall publish acts of General Assem- 
bly and give opinions. — He shall, from time to time, pub- 
lish in convenient pamphlet form, and furnish each school 
officer, the acts of the general assembly relating to com- 
mon schools, and the decisions of the courts having com- 
petent jurisdiction in relation to the school laws; and he 
shall likewise, at the request of any school officer, render 
a decision relating to the intent, construction or adminis- 
tration of any portion of the school laws on which deci- 
sions shall not have been published, and he may, when he 
shall deem it advisable to have the opinion of the attor- 
ney general, require said opinion to be given in writing. 

It is the duty of the superintendent of public instruction to render 
decisions relating to the intent, construction, or administration of any 
portion of the school laws. The attorney general is the legal adviser 
of the superintendent and not of school officers. 

Sec. 7523. He shall have access to auditor's books. 
— He shall, for the purpose of ascertaing the amounts,, 
safety and preservation of the school funds, have access 
to the auditor's books and papers, with full power to use 
and inspect the same. 

Sec. 7524. He shall deliver records to successor. — 
At the expiration of his term of office, he shall deliver to 
his successor possession of his office, together with all 
books, records, documents, papers and other articles be- 
longing or pertaining to his office. 

Sec. 7525. He shall affix seal. — He shall affix the 

13 



DIGEST OP SCHOOL LAWS. 

seal of the department of public instruction to all official 
communications from his office. 

Sec. 7526. Vacancy filled by appointment by Gov- 
ernor. — Whenever a vacancy in the office of superintend- 
ent of public instruction shall occur, from death, resigna- 
tion or otherwise, the governor shall appoint a person of 
suitable attainments to serve the remainder of the unex- 
pired term. As modified by Amendment No. 3 to Con- 
stitution. 

Sec. 7527. He shall not act as agent or receive gift. 
■ — Neither the state superintendent nor county examiner 
shall act as agent for any author, publisher or bookseller, 
nor directly or indirectly receive any gift, emolument, re- 
ward or promise of reward for his influence in recom- 
mending or procuring the use of any book, school appa- 
ratus or furniture of any kind whatever, in any public 
school; and any school officer who shall violate the pro- 
visions of this section shall be deemed guilty of a mis- 
demeanor, and subject to removal from office. Act De- 
cember 7, 1875, Sees. 25-30. 

Sec. 7528. He may grant state certificates. — The 
state superintendent of public instruction shall have pow- 
er to grant state certificates, which shall be valid for 
life, unless revoked, to any person in the state who shall 
pass a thorough examination in all those branches re- 
quired for granting county certificates ; and, also, in alge- 
bra and geometry, physics, rhetoric, mental philosophy, 
history, Latin, the constitution of the United States and 
of the state of Arkansas, natural history and theory and 
art of teaching. 

state licenses are not granted to inexperienced teachers. Appli- 
cants for the same must present satisfactory evidence of having taught 
successfully at least twenty months. 

State licenses are granted, under the law, only on approved exam- 
inations, conducted by the state superintendent. 

While the law is silent as to the scope of the examination, naming 

14 



DIGEST OF SCHOOL LAWS. 

the subjects only, the following outline will give an idea as to the 
requirements: 

Algebra, ( Botany, '^ 

Natural History, -J Zoology, 1 Such matter as is comprehended in 

( Geology, K the average high school text- 

Physics, ] books on these subjects. 

General History, J 

Latin — Grammar and Composition; first four books of Caesar; first 
two books of Virgil; first two orations of Cicero against Catiline, and 
his essay De Senectute — or equivalent readings. 

Geometry — Plane geometry, and first two books of solid geometry, 
including exercises. 

Rhetoric — With special reference to the essentials of English com- 
position. 

Constitution of the United States and of Arkansas — Embracing a 
study of the origin, subject-matter, and civic relations under the same 

Theory and Art of Teaching,-) . ,. , . , ^, . . ^ 

,, , , ^, ., , ~ I A.S discussed m works on these subjects. 

Mental Philosophy, j 

Note — Holders of first grade certificates may not be examined on 
the common school branches. An average of 80 per cent, will be re- 
quired on all subjects. Below 70 per cent, on any subject will be con- 
sidered a failure thereon. 

Sec. 7529. He may grant a professional license. — 
The state superintendent of public instruction is author- 
ized to grant a professional license, good in any county 
of the state for a period of six years, to those who take 
a satisfactory examination on the studies required for a 
first grade license, and in addition thereto, an approved 
examination on the following subjects : Algebra, plane 
geometry, general history, rhetoric and civil government. 
Examinations for this grade of license shall be held an- 
nually at at least two convenient points in the state. All 
applicants for this grade of license shall be required to 
pay a fee of $5.00 into the state treasury. 

Sec. 7530. Examinations — Time and manner. — 
Examinations for state license shall be held annually at 
the same time and place as the examination for profes- 
sional license. All applicants for state license shall pre- 
sent a certificate showing that they have paid the sum of 
$10.00 into the state treasury. The fees obtained from 
the applicants for professional and state license shall be 
used for defraying the expenses incurred in holding the 

15 



DIGEST OF SCHOOL LAWS. 

examinations, and the remainder thereof shall constitute 
an institute fund and a library fund for the office of the 
department of public instruction, and upon requisitions of 
the state superintendent, the state auditor shall draw 
warrants upon moneys to the- credit of this fund in the 
state treasury, 

state and professional examinations are conducted each year co- 
incident with tlie June examinations. 

An appropriation by the legislature is necessary before this fund 
can be drawn. 

Sec. 7531. He shall recommend text-books, — He 
shall prepare, for the benefit of the common schools of 
the state, a list of such text-books on orthography, read- 
ing in English, mental and written arithmetic,, penman- 
ship, English grammar, modern geography and history 
of the United States as are best adapted to the wants of 
the learner, and as have been prepared with reference to 
the most philosophical methods of teaching those branch- 
es, and shall recommend the said text-books to teachers 
and to directors throughout the state. 

This section is virtually repealed by the county uniformity law. 

Sec. 7532. He shall p7^epare graded course of study. 
—The state superintendent of public instruction is 
hereby directed and authorized to prepare and have 
printed for distribution to the various counties of the 
state, within four months after the passage of this act, 
a graded course of study to be used in the common school 
districts of this state, said course of study to embrace 
only subjects required by law to be taught in said com- 
mon schools, and to indicate the amount of work to be 
done during each year of the course. It shall be the 
duty of the school directors to see that the course of 
study is followed in each of their schools, as far as it is 
practicable to do so ; provided, that the state superintend- 
ent shall not designate or indicate any text-book to be 
used in the schools, nor shall any teacher adopt or use 



16 



DIGEST OF SCHOOL LAWS. 

any text-books other than those adopted for use in the 
district. 

Sec. 7533. He shall adopt seal. — He shall procure 
and adopt a seal for his office, and furnish an impression 
and description of said seal to the secretary of state, to 
be preserved in his office. 

Sec. 7534. A copy made equal to original. — A copy 
of any paper or document deposited or filed in the office 
of the superintendent of public instruction shall, when 
authenticated by the said seal, be evidence equal, to all 
intents and purposes, with the original. 

Sec. 7535. He shall prepare certificate forms and 
registers. — The said superintendent shall prepare appro- 
priate forms for three several grades of certificates to be 
issued to teachers by the county examiners. He shall 
prepare suitable school registers, in which teachers, at 
the close of the school term, are to make their reports 
to the trustees of the name and age of each pupil, the 
date of each pupil's entrance, the separate days on which 
each attended school, the studies each pursued, the total 
attendance ; and, shall likewise prepare suitable forms for 
the reports of directors and county examiners. Act De- 
cember 7, 1875, Sees. 33-37. 

This register must be kept by each public school teacher according 
to the forms prescribed, before any charge can be made for services. 

COMMON SCHOOL DISTRICTS. 

FORMATION. 

Sec. 7540. Notice of change in district shall be 
given. — When a change is proposed in any school district, 
notice shall be given by the parties proposing the change, 
by putting up hand bills in four or more conspicuous 
places in each district to be affected, one of said notices 
to be placed on the public school building in each affected 
district. All of said notices to be posted thirty days be- 
fore the convening of the court to which they propose to 

17 



DIGEST OF SCHOOL LAWS. 

present their petition ; said notices shall give a geograph- 
ical description of the proposed change. Act of April 8, 
1891. 

Sec. 7541. District shall be body corporate. — Each 
school district shall be a body corporate, by the name and 

style of "School District No. — , of the county of ;" 

and by such name may contract and be contracted with, 
sue and be sued, in any of the courts of this state having 
competent jurisdiction. 

Sec. 7542. Shall hold the title of lands. — Every dis- 
trict shall hold in the corporate name of the district the 
title of lands and other property which may be acquired 
by said district for school district purposes. Act Decem- 
ber 7, 1875, Sec. 53. 

School districts are not liable for trespass committed by their of- 
ficers. School District No. 11 v. Williams, 38 Ark., 454. See School 
District v. Bodenhamer, 43 Ark., 140; School District v. Reeve, 56 
Ark., 68. 

Mandamus can only be used after judgment against a school dis- 
trict to force the payment of debt. School District v. Bodenhamer, 43 
Ark., 140. 

School property is not subject to the tax, and suit therefor, for 
local improvements of a public nature. Board v. School District, 56 
Ark., 354. 

Deed conveying land to people of school district is sufficient. Mor- 
ris V. School District, 63 Ark., 149. 

District may sue for trespass. lb., May employ attorneys. State 
V. Aven, 70 Ark., 291. 

Sec. 7543. Number required for formation. — No 
new school district shall be formed having less than thir- 
ty-five persons of scholastic age residing within the terri- 
tory included in such new district, and no district now 
formed shall, by the formation of a new district or trans- 
fer,, be reduced to less than thirty-five persons of scholas- 
tic age. Act April 8, 1887, Sec. 2. See Sec. 7639. 

Sec. 7544. County court may form districts. — The 
county court shall have the right to form new school dis- 
tricts or change the boundaries thereof, upon a petition 
of a majority of all the electors residing upon the terri- 
tory of the district to be divided. 

18 . 



DIGEST OF SCHOOL LAWS. 

This section contemplates a petition by a majority of the electors 
of all the districts combined, and not a majority of the electors of 
each district separately. Hudspeth v. Wallis, 54 Ark., 134. 

An adraission that district was duly organized is conclusive as to 
its legal formation. Evins v. Batchelor, 61 Ark., 521. See School Dis- 
trict V. School District, 63 Ark., 643. 

The order of the county court consolidating two school districts 
is final, unless overruled by a higher court. Neither the state super- 
intendent nor the county examiner has any authority in the premises. 

Sec. 7545. Law must govern formation. — Such ter- 
ritory shall have the requisite number of children or 
property to comply with the now existing law in such 
case. 

Sec. 7546. New district held liable for debt. — In 
the formation of new school districts that part of terri- 
tory taken off from the old district or districts, shall be 
held liable for a proportionate part of the old indebted- 
ness of the former district or districts at the time of the 
making of said new district. 

Sec. 7547. County court shall divide surplus. — In 
case there be a surplus fund on hand at the time of the 
formation of said district, it shall be entitled to a propor- 
tionate part of said fund, the same to be ascertained and 
determined by the county court of the county in which 
said new district may be created, as in the judgment of 
said court may be considered right and proper. Act 
April 8, 1887, Sec. 3. 

See Evins v. Batchelor, 61 Ark., 521; District No. 15 v. District of 
Waldron, 63 Ark., 433. 

DISSOLUTION OP. 

Sec. 7548. County court may dissolve. — The county 
courts of this state shall have power to dissolve any 
school district now established, or which may hereafter 
be established in its county, and attach the territory 
thereof in whole or in part to an adjoining district or 
districts, whenever a majority of the electors residing in 
such district shall petition the court so to do. 

Sec. 7549. Notice of dissolution shall be posted. — 
When such dissolution is proposed, notice shall be given 

19 



DIGEST OF SCHOOL LAWS. 

by those proposing the same by posters in four public 
places in the district. Said notices to be posted thirty 
days before the meeting of the term of the court at which 
such petition is proposed to be presented. 

Sec. 7550. Court shall 'proportion funds or indebt- 
edness. — Whenever, under this act, any district shall be 
abolished, any indebtedness due by it, or funds on hand 
to its credit shall be proportioned by the court among 
the districts to which its territory has been attached, ac- 
cording to the value of the territory each received, of 
which action of dissolution and distribution of indebted- 
ness or funds, as the case may be, the clerk of the court 
shall give due notice to directors of each district affected, 
showing the territory attached to their district, and 
amount of indebtedness adjudged against it, or funds 
credited to it, as the case may be. 

Sec. 7551. Directors shall transmit records. — The 
directors of the district dissolved, upon receipt of notice 
of clerk, shall transmit, without delay, all of the records 
of said district to the county examiner of the county for 
preservation in his office. 

APPORTIONMENT OF SCHOOL FUND. 

Sec. 7552. County court shall apportion. — The coun- 
ty court, immediately on receiving notice of the dis- 
tributive share of school revenue apportioned by the 
state superintendent to each county, shall proceed to ap- 
portion to the several school districts of the county, in 
proportion to the number of persons between the ages of 
six and twenty-one years residing within the school dis- 
tricts, respectively, on the first Monday of July previous, 
the said school revenue apportioned to the county and 
shall forward to the county treasurer, and to each of the 
directors of each district, a statement of such apportion- 
ment carefully distinguishing the sources from which the 
school revenues so .apportioned are derived, and the 
a.nount due each school district in the county from each 



20 



DIGEST OP SCHOOL LAWS. 

separate source, and shall see that the revenues from the 
public school fund are invariably paid to the county and 
to the school districts strictly in accordance with the ap- 
portionment made to them. 

Apportionment may be compelled by mandamus, and the parents of 
children of scholastic age are proper parties to petition therefor. Mat- 
tox V. Neal. 45 Ark., 121. 

In the case of J. C. Merritt et al. v. J. H. Merritt, County Judge, 
appealed from Arkansas county, the supreme court, in May, 1891, held: 

"It was the duty of appellant, as county judge, on receiving notice 
of the amount apportioned to the county, to proceed to appropriate the 
same to the severial districts upon whose enumeration the superintend- 
ent made the apportionment. The duty was absolute, and in its per- 
formance the county judge had no discretien. There is no reason why 
a district should be kept out of its funds, for any length of time, on 
account of county lines, and It Is the duty of the county judge to pre- 
vent it- If he fails to do his duty its performance should be coerced." 

This case clearly establishes the following principles: 

1. The county judge must apportion common school funds upon 
the enumeration of the apportionment as made by the superintendent 
and upon no other. He has no right to change the enumeration and 
apportionment. He simply appropriates to each district the amount 
apportioned by the state superintendent. 

2. This must be done without delay and despite changes in county 
lines. 

3. Duties are absolute and contain no element of discretion. This 
principle applies to every school officer and teacher. 

The amount of the per capita tax collected in the county should be 
apportioned to the districts in proportion to their educable children. 

Sec. 7553. Apportionment to new districts. — ^When- 
ever a new district shall have been formed and organ- 
ized, the court shall, at the next apportionment made 
thereafter, apportion to the new district, school revenues 
in proportion to the number of persons between the ages 
of six and twenty-one years reported by the directors of 
the new district. Provided always, the number of per- 
sons between the ages of six and twenty-one years re- 
ported in any year by the district electors of each 
county shall be taken as the quota of that county, and the 
number reported from each school district shall be taken 
as the quota of that district, and that the only basis on 
which an apportionment of the school revenue shall be 
made is to be the number of persons so reported each 



21 



DIGEST OP SCHOOL LAWS. 

year by the district directors. Act December 7, 1875, 
Sees. 40, 41. 

A special school district in which a common school district has 
been merged, is bound by all existing legal contracts made by the 
common school district. 

Sec. 7554. County examiners shall report to clerk. 
— The county examiners of the several counties shall, 
annually, on or before the tenth day of August transmit,, 
verified by affidavit, to the county clerks of their respect- 
ive counties, a written report, showing the number of 
persons between the ages of six and twenty-one years re- 
siding in each school district in their respective counties, 
as shown by the reports of the district directors made for 
the same year to the county examiners, as is now re- 
quired by law. Act April 23, 1901, Sec. 3. 

Sec. 7555. County clerk shall report to court. — 
The county clerks shall, during the first terms of their 
respective county courts held after the reception of the 
reports provided for in the preceding section, lay such 
reports before such county courts, to be used as a guide 
in making the apportionment of the general school fund 
to the various school districts. Act March 23, 1881. 

Sec. 7556. Counties shall be reimbursed for 
loss. — Any county which,, by a change of county lines, 
or by the formation of a new county or counties, shall 
fail to receive the school funds which justly should be 
apportioned to it, from the fact of its school population 
being reckoned with that of the county or counties to 
which the said funds may be apportioned, shall be reim- 
bursed for the loss thus incurred. Said loss shall be cor- 
rected in the first apportionment of the school revenue 
thereafter. Provided, if such correction be not made in 
the first apportionment thereafter, it may be made in the 
second. 

Sec. 7557. Loss borne by original counties. — The 
amounts refunded according to the provisions of Section 
7556 shall be deducted from the funds apportioned to the 

22 . 



DIGEST OF SCHOOL LAWS. 

counties which were the original recipients of the erro- 
neously apportioned revenues. 

Mandamus will lie to compel apportionment as herein provided. 
Merritt v. School District, 54 Ark., 468. 

Sec. 7558. Auditor shall draw warrant for fund. — 
Upon the presentation of the certificate of the superin- 
tendent of public instruction of the amount or amounts 
due any county, by the provisions of this act to the 
auditor, he shall draw his warrant on the state treasurer 
for said amount or amounts in favor of the treasurer of 
said county for the benefit of the school fund and in com- 
pliance with Section 7553. Act March 6, 1877. 

COUNTY EXAMINERS. 

Sec. 7559. County court shall appoint examiner. — 
The county court of each county shall, at the first term 
thereof after each general election, appoint in each 
county, not divided into two judicial districts^ one county 
examiner, and in each county divided into two judicial 
districts, may appoint one county examiner for each dis- 
trict, such examiner to be of high moral character and 
scholastic attainments. As amended by act March 7, 
1893. 

A license from either district of a county, where there are two 
districts, is valid throughout the county. 

Sec. 7560. Prior appointments made valid. — ^Any 
appointments heretofore made by the county courts for 
the districts of such counties as are mentioned in the pre- 
ceding section in which an examiner has been appointed 
for each district are hereby declared to be legal and valid 
appointments. Act March 20, 1883, Sec. 2. 

The examiner must have the qualifications of an elector. He is an 
officer of the state — ^being a part of the executive department of the 
state. A woman may not be appointed to this position. 

The law authorizes, but does not require, the appointment of two 
examiners In counties having two judicial districts. 

Sec. 7561. Examiner shall take oath. — Before en- 
tering upon the duties of that office, the county examiner 

28 



DIGEST OF SCHOOL LAWS. 

shall take and subscribe the oath prescribed for officers 
by the constitution of this state, and file such oath in the 
ofliice of the county clerk. Act March 7, 1875, Sec. 43. 

Sec. 7562. He shall stand examination. — All county 
examiners shall be required, before entering upon the 
duties of their oflices, to stand the same examination as is 
required of the teachers who receive first grade licenses. 

Sec. 7563. He is not eligible for director. — No one 
shall fill the offices of county examiner and schcxtl direct- 
or at the same time. 

Sec. 7564. County clerk shall notify Superintendent 
of appointment. — The clerk of the county court in each 
county shall notify the superintendent of public instruc- 
tion of the appointment of the county examiner in his 
county immediately upon his appointment, together with 
his name and address. 

Sec. 7565. State Superintendent shall examine. — ■ 
The superintendent of public instruction shall either at- 
tend in person or appoint some one duly qualified to ex- 
amine such person appointed as county examiner, as to 
his qualifications, using the same questions as are then 
being used in the examination of teachers applying for 
first grade license. 

Sec. 7566. Compensation. — All county examiners 
shall be paid such salary each year as may be fixed by 
the county judge of the county for which he was appoint- 
ed, out of the school fund of such county; provided, 
such salary shall not be greater than the amount received 
by the county treasurer from the tax imposed in the fol- 
lowing section. 

The intention of the statute was to fix tlie salary of an examiner 
at an amount equal to the amount paid in by the applicants for exam- 
inations, and it was not intended to reduce the salaries already paid 
these officers. 

The salary of the county examiner cannot be paid in county scrip 
The law expressly says that it shall be paid out of the common school 
fund of the county. 



24 



DIGEST OP SCHOOL LAWS. 

Sec. 7567. Applicant for license must have receipt. 
— No county examiner shall examine any one applying 
to him for license as a teacher until he shall present a 
receipt from the county treasurer for two dollars paid 
by him to such treasurer to go to the credit of the county 
school fund. Act March 7, 1893. 

The examiner's fee must be paid to the county treasurer and not 
to the examiner. Any fee greater than two dollars is illegal. This fee 
is the same for either public or private examinations and is to be paid 
for the examination and not for the certificate. It should be paid to 
'the county treasurer and a receipt taken before the examination begins. 

Sec. 7568. He shall examine and license teachers. — 
It shall be the duty of such examiners to examine and 
license teachers of common schools. He shall hold on the 
third Thursday and Friday following of March, June, 
September and December, at the hours designated by the 
state superintendent of public instruction, at the county 
seat of each county, in a suitable room to be provided by 
the county court, and using the questions prepared by the 
department of public instruction, a public examination 
for that purpose. The questions shall be mailed by the 
superintendent of public instruction, under seal, and shall 
not be opened until day of examination, and then in the 
presence of the applicants for license. He shall conduct 
all examinations in writing and shall grant no certificate 
of qualification, except in accordance with the provisions 
of the law respecting teachers' certificates. He shall 
grant private examinations only when public necessity 
clearly demands it, and then, only on the written request 
of the directors of the district in which the teachers pro- 
pose to teach. The examination papers of all persons 
licensed shall be graded and filed in the county exam- 
iner's office, subject to the inspection of the state super- 
intendent of public instruction or any school director of 
the county. The questions furnished by the state super- 
intendent shall be used only at the time designated for 
public examinations. The standing of each applicant in 
each study must be indorsed on the certificate issued only 

25 



DIGEST OF SCHOOL LAWS. 

upon examination, otherwise the certificate shall not be 
valid. 

The examination must be quarterly and public. The dates fixed for 
these quarterly examinations are the third Thursday and Friday fol- 
lowing of March, June, September and December. The written ques- 
tions are furnished by the state superintendent and are uniform 
throughout the state. The regulations as to the grading of the certifi- 
cates are furnished to each examiner with the questions. He is pos- 
itively forbidden to grant certificates without examination, or upon a 
partial examination. He is not authorized to issue a license based upon 
a diploma or upon a license issued in another county or state. 

Examination papers are a part of the public documents of the 
county examiner's ofllce. They are in no sense the property of the 
teacher by whom they are prepared. Like all other public documents, 
they are open to inspection by any one desiring to examine them, but 
they must not be removed from the county examiner's ofllce. 

The examiner is not required to grant a private examination or 
one held at any other than the regular quarterly dates. Private exam- 
inations should be granted only when public necessity demands. "When 
granted they should be conducted in the same manner and with the 
same regulations and requirements as are the public quarterly exam- 
inations. 

Sec. 7571. He shall grant license. — All persons 
present and applying for examination, with the in- 
tention of teaching, the examiner, if convinced that 
such persons are of good moral character and are com- 
petent to teach successfully the foregoing branches shall- 
give such persons certificates, ranking in grades to corre- 
spond with the relative qualifications of the applicants, 
according to the standard adopted. {See Sec. 7577.) 

Sec. 7572. He shall not license in some cases. — He 
shall not license any person to teach who is given to pro- 
fanity, drunkenness, gambling, licentiousness or other 
demoralizing vices, or who does not believe in the exist- 
ence of a supreme being; nor shall he be required to* 
grant private examinations, except as provided in Section 
7568, 

The examiner must convince himself by evidence if the applicants 
are unknown to him, that they are of good moral character. He must 
exclude every person who is given to profanity, drunkenness, gambling, 
licentiousness, or other demoralizing vices. Such vices may be refusal 
to obey the law as to institute work or regular examination work. A 
positive refusal upon the part of an applicant, or one holding a license, 
to obey the school law should exclude him or take from him his li- 

26 



DIGEST OF SCHOOL LAWS. 

cense. Obedience to law is the first mark of a true teacher, anrl no one 
may claim privileges under it who refuses to obey it. He should ascer- 
tain by direct question the belief of every person as to the Supreme 
Being. The words "who is given to," mean either "habitual" or "ha- 
bitual when opportunities afford." It requires no nice distinction to 
avoid extremes at this juncture. If the applicant is given to these 
tilings so as to raise a question of doubt in the mind of the examiner, 
tlic ajiplicant should b*:- f.xcluded. The doubt must be resolved in favor 
of the schools and rut in favoi of the applicants. He must shov a 
positive moral character, one emphatically marked by the absence of 
these vices and cannot rely upon the ordinary presumptions of inno- 
cence. He must show himself clear or be excluded from the state's 
schools. 

Sec. 7573. He may re-examine and revoke license. 
— He may cite to re-examine any person holding a license 
and under contract to teach any free school within his 
county, and on being satisfied by a re-examination, or by 
other means, that such person does not sustain a good 
moral character, or that he has not sufficient learning and 
ability to render him a competent teacher,, he may for 
these and other adequate causes, revoke^ the license of 
such person. 

In the case of Huff v. Lee, 61 Ark., 494, the supreme court held 
that the examiner was not personally liable for damages for the revo- 
cation of a teacher's license, provided he acted in good faith and with- 
out malice, and provided he gave the teacher due notice and a fair 
hearing before revoking the license. 

In the case of School District v. Maury, 53 Ark., 471, it was held 
that the power given the examiner to revoke the license of a teacher 
does not exclude the right of a board of directors to terminate a con- 
tract for gross immorality or incompetency. Only the question of revo- 
cation for these two causes was raised in this case, but it may be in- 
ferred that other adequate causes would justify a board of directors 
in terminating a contract, without waiting for a revocation of license 
by the county examiner. In all such cases justice demands that the 
teacher be given a proper hearing before final action is taken. 

Sec. 7574. He must give notice of revocation to 
teacher and directors. — In case of such revocation, he 
shall immediately give notice thereof to such teacher and 
the directors, and thereby terminate the contract be- 
tween the said parties, but the wages of such teacher 
shall be paid for the time he shall have actually taught 
prior to the day on which he received notice of the revo- 
cation of his license. Act April 14, 1893. 

27 



DIGEST OF SCHOOL LAWS. 

Sec. 7577. He shall grant three grades of •certifi- 
cates. — There shall be three grades of certificates grant- 
ed on the following conditions: Applicants receiving a 
third grade license, which shall be valid for six months, 
must pass an approved examination in spelling,, reading, 
penmanship, English grammar, arithmetic, geography 
and United States history; receiving a second grade li- 
cense, valid for one year, an approved examination in the 
subjects required for a third grade license,, and also in 
history of Arkansas, physiology and theory and art of 
teaching; receiving a first grade license, valid for two 
years, an approved examination in the subjects required 
for a second grade license, and also in civil government 
and elementary algebra. He shall also be empowered, at 
the request of school boards desiring the services of such 
teachers, and upon satisfactoi^y evidence of qualifications, 
to grant special licenses to teach subjects not enumerated 
above, valid for two years, and good only with reference 
to the teaching of subjects mentioned in said license. No 
person shall be granted an examination until he shall pre- 
sent a receipt from the county treasurer for two ($2) 
dollars, paid by him to the said treasurer, which amount 
shall be placed to the credit of the common school fund 
of the county. Each teacher shall be authorized to teach 
only those branches upon which he has passed an ap- 
proved examination and which he has been licensed to 
teach. 

Directors and teachers should notice this section. No teacher can, 
without violating the law, teach those subjects in which he has not 
passed an approved examination. Directors cannot cause him to do so. 

ACT 315. 

AN ACT to require the teaching of Elementary Agricul- 
ture and Horticulture in the public schools of the 
State. 

Be it Enacted by the General Assembly of the State of 
Arkansas : 
Section 1. That school directors of the various 

school districts of the State of Arkansas, are hereby 

28 



DIGEST OF SCHOOL LAWS. 

directed and required to require all persons teaching in 
the public schools of this state to teach elementary agri- 
culture and horticulture in their schools. 

Sec. 2. That all authorities empowered by statute 
to adopt text boks for use in their public schools of this 
state are hereby directed and required to select and 

adopt some suitable elementary text book on the subject 
of agriculture and horticulture to be used' in the public 
schools of their respective counties or districts. 

Sec. 3. That it shall be made the duty of the coun- 
ty examiner of each and every county in the state to see 
that every public school district in the various counties 
of this state have in their possession the text book on 
elementary agriculture and horticulture adopted for use 
in their respective counties or districts. 

Sec. 4. That it shall be the duty of each and every 
county examiner to see that the provisions of this act be 
enforced. 

Sec. 5. That any county examiner, school director 
or other officer having authority to enforce the provis- 
ions of this act,, shall neglect or refuse to enforce the 
same, shall forfeit to the district so neglected or refused, 
the sum of twenty-five dollars, said sum to be added to 
the school fund of said district, which may be recovered 
by action brought against him, at the instance of any 
elector in said neglected or refused district. 

Sec. 6. All laws and parts of laws in conflict here- 
with be and they are hereby repealed. 

Sec. 7. That this law take effect ten months after 
its passage. 

Approved May 31, 1909. 



29 



DIGEST OF SCHOOL LAWS. 

Sec. 7578. He shall keep a record of each teacher. 
— He shall keep a record of the age, name, sex, post-ofRce 
address and nativity of each person licensed by him to 
teach, and of the date and grade of his certificate, and 
shall include such record in his report to the state super- 
intendent. 

. Sec. 7579. He shall instruct and encourage teachers 
and 'patrons. — He shall encourage the inhabitants to 
form and organize school districts, to establish public 
schools therein, under qualified teachers,, to furnish suit- 
able text-books for their children and to send them to 
school. He shall direct the attention of teachers and 
school patrons to those methods of instruction that will 
best promote mental and moral culture, and to the most 
feasible and improved plan for building and ventilating 
schoolhouses. He shall labor to create among the people 
an interest in public schools, and shall take advantage of 
public occasions, such as the dedication of schoolhouses, 
public examinations and institutes, to impress people 
with the importance of educating every child, and con- 
sequently of the duty of maintaining a system of free 
schools established by law. He shall receive the reports 
of the directors, transmit an abstract of the same to the 
state superintendent, and transmit therewith a report of 
the condition and prospects of the schools under his 
superintendence, together with such other information 
and suggestions as he may deem proper to communicate. 

Sec. 7580. Annual report — Includes what. — He 
shall, annually, on or before the 10th day of August, pre- 
pare in tabular form, an abstract of the reports made to 
him by the directors of the school districts embraced 
within his county, showing the number of organized dis- 
tricts in his county at the commencement of the year, on 
the first day of July preceding, the districts that have 
made their annual reports, the number of persons in each 
district between ages of six and twenty-one years, distin- 



30 



DIGEST OF SCHOOL LAWS. 

guishing the sex and also the color of said persons; the 
number of said persons that attended school during the 
j^ear; the average number of males and females of each 
color in daily attendance; and the number that pursued 
each of the studies designated to be taught in the com- 
mon schools; the number of teachers of each sex em- 
ployed in his county; the average wages paid per month, 
to the teachers of each sex, according to the grades of 
their certificates; the whole amount paid as teachers' 
wages in his county ; the number of pupils that studied in 
his county, and the several branches taught ; the number 
of schoolhouses erected during the year in his county, 
material and the cost of the same; the number before 
erected, the material used in their construction, their con- 
dition and value; the grounds of how many inclosed; 
the amount of money raised by tax in each district, for 
whr.t purpose raised ; the amounts that have been ex- 
pended, and for what purpose; the amount of revenue 
received by his county from the common school fund and 
received for the support of the schools from each of all 
other sources; for what purposes and in what sums the 
said revenues were expended, and what amounts unex- 
pended were, at the close of the school year, in the countv 
treasury ; and shall report also the number of deaf mutes, 
blind and insane in each school district in his county, 
under thirty years of age, their names and their post- 
offices. 

Sec. 7581. He shall number districts. — He shall 
number the several school districts in his county in reg- 
ular order from number one upward, and shall keep in 
his office a record and description of each district, with 
the boL'.ndaries clearly defined, and also a record of such 
changes or alterations in the boundaries of each as shall 
from time to time be made. 



31 



DIGEST OF SCHOOL LAWS. 

Sec. 7582. To hold institutes — may appoint. — He 
shall have the power to appoint some suitable person to 
hold teachers' institutes and exanniine teachers in his 
county in case o:^ his inability to attend such institutes 
and examinations. Act December 7, 1875, Sees. 45-52. 

Sec. 7583. County court may remove for cause. — ■ 
If any county examiner shall be found incompetent, Oi. 
shall be frequently neglectful of his duty, upon s.^tisfac- 
tory proof, the county judge shall remove him from of- 
fice and shall immediately appoint his successor. Act 
March 11, 1881, Se-. 7. 

Sec. 7584. Penalty for neglect of duty. — If any 
county examiner shall neglect, fail or refuse to perform 
any cf the duties required of him in Section 7580, and 
shall not forward the abstract mentioned in said section 
to the superintendent of public instruction on or before 
the tenth day of August of each year, he shall forfeit to 

the county the sura of twenty-five dollars, to be recovered 
as prov^'ded by lav/, tosfether with all cost, and be paid 
into the county treasury. As amended by Act of April 
23, 1901. 

Sec. 7585 ^ou7ity court may allow expenses.— 
Each county examiner shall make out and present to the 
county court of his county, at its first term after the thir- 
tieth of June in each year,, an account of expenditures 
for postage, county district records, or a school district 
map of the districts of his county, and of freight or ex- 
press charges for the transmission of blanks or such 
other expenditures as he may have actually and unavoid- 
ably incurred, and the county court may allow the same 
in any sum not exceeding twenty-five dollars in any one 
year, including ten dollars for his report to the superin- 
tendent of public instruction. 

Sec. 7586. County clerk shall issue warrant for ex- 
penses. — When the county court shall have allowed the 
account of the county examiner as provided in the pre- 

32 



DIGEST OP SCHOOL LAWS. 

vious section,, the county clerk shall issue a warrant upon 
the treasurer for said claim, and upon presentsttion of 
said warrant to the county treasurer, he shall pay the 
same out of the common school funds in his hands be- 
longing to the county and not yet apportioned to the sev- 
eral school districts. Act March 2, 1887, Sees. 2-3. 

Sec. 7587. Shall furnish pupils a certificate. — When 
a pupil has completed the course prescribed in Section 
7532 and passed a satisfactory examination the teacher 
and directors shall certify the same to the county exam- 
iner, and thereupon he shall furnish to said pupil a cer- 
tificate to be supplied by the state superintendent, and in 
the nature of a diploma, the same to be signed by the 
state superintendent, and countersigned by the county ex- 
aminer and teacher of said pupil. 

Examiners shall hold institutes. — 

A Bill for an Act to be Entitled 
An Act to Amend Act 311 of the Thirty-fifth General 
Assembly of the State of Arkansas, entitled "An 
Act to Improve the Character of Teaching in the 
State of Arkansas." 

Be it enacted by the General Assembly of the State of 

Arkansas : 

That Act 311 of the Thirty-fifth General Assembly 
of the State of Arkansas be amended to read as follows : 

Section 1. It shall be the duty of the County Ex- 
aminers of the various counties of the State of Arkansas 
to hold one institute for the white teachers and one for 
the negroes of one week each within the month of June 
in each year; Provided, if there are any less than eight 
teachers of either race in any county, the County Exam- 
iner may arrange the institute as may seem best to him, 
and, provided further, that the County Examiner may 
appoint some competent person to take charge of and 
conduct the institute for the negroes. 

33 



DIGEST OF SCHOOL LAWS. 

Sec. 2. State Superintendent shall outline work. — 
It shall be the duty of the State Superintendent of Public 
Instruction to outline the work in the common school 
branches to be done at the institutes, and all of the time 
of said institute shall be devoted to class work in the 
branches of reading, writing, arithmetic, orthography, 
grammar, geography, history of the United States and 
the State of Arkansas, theory and practice and physi- 
ology. 

Elementary agriculture and horticulture added to above by Act of 
May 31, 1909. 

Sec. 3. Teachers must attend institutes. — It shall 
be the duty of the teachers holding license to teach in 
the public schools of the State of Arkansas, to attend 
said institutes for the full time, unless excused by the 
conductor, and to do the work outlined by the State Su- 
perintendent of Public Instruction. 

Sec. 4. Examiner may renew license. — The County 
Examiner, on finding that the teachers in attendance for 
not less than three days are entitled to the grade of li- 
cense they hold, shall endorse the same at the close of the 
institute, and said indorsement shall have the effect of 
extending the license from the time of its expiration for 
the time for which it was originally issued, provided, 
said license shall expire before the convening of the next 
institute; provided, the examiner may endorse a third 
grade license issued at the September examination next 
preceding the June institute, and providing further, that 
said teacher shall have complied with the provisions of 
this act ; but no third grade license shall be renewed more 
than once ; no second grade license shall be renewed more 
than twice. 

Sec. 5. Attendance at other institutes or normals. — 
Teachers who attend Peabody institutes or other insti- 
tutes or summer normals may have their license renewed 
by any examiner to whom application for renewel is 
made on presenting within ten days after the close of 



34 



DIGEST OP SCHOOL LAWS. 

such institutes or normals certificates of attendance to- 
gether with receipt from the county treasurer for the 
payment of regular examination fee. 

Sec. 6. Reneival — ivhen made. — Except as provided 
above, endorsement shall be made only at the close of the 
June institutes and only to teachers who attend the in- 
stitutes in the county in which application for endorse- 
ment is made and the same fee shall be required for en- 
dorsements extending the time of licenses as is required 
for regular examinations. 

Sec. 7. Those holding state and professional license 
shall assist. — It shall be the duty of those holding State 
and professional licenses to attend the institutes and as- 
sist the County Examiner in conducting the same and 
said licenses shall be endorsed as county licenses, showing 
the attendance at the institute, and if the same be not 
endorsed each year for five consecutive years, it shall be 
null and void. 

Sec. 8. State Superintendent may revoke license. — 
The State Superintendent of Public Instruction is' hereby 
authorized and empowered to revoke the license of any 
County Examiner who fails or neglects to perform any 
of the other duties required of him by law. Upon receiv- 
ing notice of such revocation of the license of a County 
Examiner the county judge shall within twenty days ap- 
point another examiner in accordance with the law regu- 
lating the appointment of county examiners. 

Sec. 9. Laws in conflict repealed. — All laws and 
parts of laws in conflict herewith are hereby repealed, 
and this Act take effect and be in force from and after 
its passage. 

COUNTY superintendents. 

An Act Creating the Office of County Superintendent, 
Fixing the Salaries, and Defining His Duties. 

Be it Enacted by the General Assembly of the State of 
Arkansas : 



35 



DIGEST OP SCHOOL LAWS. 

Section 1. That at the next general election for 
State and county officials, and every two years thereafter, 
there shall be elected in the same manner, and under the 
same restrictions as are provided by law for the election 
of other county officials, a County Superintendent of 
Schools for each county in the State of Arkansas, who 
shall qualify as other county officials,, and who shall hold 
his office for a term of two years, or until his successor 
shall have been elected and qualified. 

Question must be submitted to electors. — Provided, 
that before any county shall be authorized to elect a 
County Superintendent, the question of "For County Su- 
pervision" and "Against County Supervision," shall be 
submitted to the qualified electors at the annual school 
meeting held on the third Saturday in May in the years 
preceding those in which the general State and county 
elections are held, and if a majority of the electors voting 
on the question in said election vote for County Super- 
vision, then said county shall elect a County Superintend- 
ent as provided by this act. 

Counties having two judicial districts would not vote separately 
upon the question of county superintendency, a majority of the vote 
of the whole county would govern. Where a district occupies territory 
in more than one county, the votes of the election shall be forwarded 
to their respective county seats. There can be no joint superintend- 
ency as a superintendent shall have jurisdiction only over one county. 

Sec. 2. Office of County Examiner abolished. — The 
present county examiner in each county shall continue to 
perform the duties of his office, and to receive compensa- 
tion therefor, until the county superintendent shall be 
duly elected and qualified^ in keeping with Section 1 of 
this Act, upon which the office of County Examiner shall 
be and the same is hereby abolished. 

Sec. 3. Eligibility for County Superintendent. — 
Before any person shall be eligible to the office of county 
superintendent, he shall have attained the age of twenty- 
five years, shall have taught at least twenty-four months 
in the county within five years preceding his candidacy, 

36 



DIGEST OP SCHOOL LAWS. 

and shall at the time of his candidacy hold a first grade 
teacher's license, to be approved by the State Superin- 
tendent, professional teacher's license, or State teacher's 
license, and he shall be eligible to re-election without fur- 
ther examination. 

Duties. 

Sec. 4. He shall hold examinations and grant li- 
censes. — The county superintendent shall hold quarterly 
examinations, using questions furnished by the state 
superintendent of public instruction, and shall grant to 
persons of approved moral character, a license to teach 
in the public schools of the county in which the examina- 
tion is held under the following regulations : 

Applicants receiving third grade license,, which shall 
be valid for six months, must pass an approved examina- 
tion in spelling, reading, penmanship, English grammar, 
arithmetic, geography, and United States history. 

Also, elementary agriculture and horticulture. Act May 31, 1909. 

Receiving a second grade license valid for one year, 
an approved examination in the subjects required for a 
third grade license, and also in the history of Arkansas, 
physiology, and theory and art of teaching. 

Receiving a first grade license valid for two years,, 
an approved examination in the subjects required for a 
second grade license, and also in civil government, and 
elementary algebra. 

He shall be empowered at the request of the school 
board desiring the services of such teacher, and upon sat- 
isfactory evidence of qualification, to grant special license 
to teach subjects not enumerated above, valid for two 
years and good only with reference to the teaching of the 
subjects mentioned therein. No persons shall be granted 
an examination until he or she shall present a receipt 
from the county treasurer for two dollars paid by him 
to the said treasurer, which amount shall be placed to the 



37 



DIGEST OF SCHOOL LAWS. 

credit of the fund for the payment of the salary of the 
county superintendent. 

Each teacher shall be authorized to teach only those 
branches upon which he has passed an approved exami- 
nation and which he has been licensed to teach. 

Sec. 5. He shall keep account with districts. — He 
shall keep an accurate account with each school district 
in the county, which shall include the name of directors, 
amount debited and credited to each district, source of 
receipt and manner of disbursement. He shall keep a 
record of all contracts made with the teachers and all 
contracts made with the dealers for school supplies, and 
no charts, maps, globes or other school supplies, shall be 
purchased by the directors unless the same shall meet 
with his approval. He shall be required to furnish plans 
and specifications for the erection of new school houses, 
subject to the approval of directors. He shall file in his 
office a record of the amount voted for various purposes 
at the annual May meeting of the electors of the several 
districts of his county, and he shall not approve any war- 
rant drawn for any purpose other than those ordered at 
the May meeting. Within ten days after the annual 
school meeting the directors of the various districts shall 
report to the County Superintendent, upon a blank pro- 
vided for that purpose, the amounts ordered expended 
by the directors of their districts for the ensuing twelve 
months, also the number of mills voted for school pur- 
poses. 

Sec. 6. Teachers required to file reports. — He shall 
receive from each teacher monthly reports as to their 
vvork, including the number of pupils enrolled, the aver- 
age number of daily attendance, the number in each of 
the branches taught, the number of visits of directors and 
patrons, and such other items as the State Superintend- 
ent may direct. He shall require the teachers to file or 
cause to be filed in his office a similar report for the en- 



38 



DIGEST OP SCHOOL LAWS. 

tire term of their schools, together with a copy of his 
daily register; Provided, That in any school having 
more than one teacher, the principal teacher thereof may 
file one report for the entire school. 

Sec. 7. He may refuse to grant license. — He shall 
not license any person to teach who is given to profanity, 
drunkenness, gambling, licentiousness, or other demoral- 
izing vice, and who does not believe in the existence of a 
Supreme Being. He may cite to re-examination any per- 
son holding a license in his county, and on being satisfied 
by re-examination, or by other means, that such person 
does not sustain a good moral character,, or that he has 
not sufficient learning or ability to render him a compe- 
tent teacher, he may, for these and other adequate causes, 
revoke the license of such persons. In case of such revo- 
cation, he shall immediately give notice thereof to such 
teacher and the directors, and thereby terminate the con- 
tract between said parties, but the wages of such teacher 
shall be paid for the time he shall have actually taught 
prior to the day on which he received notice of the revo- 
cation of his license. 

Sec. 8. He shall prepare course of study and help 
secure books. — He shall co-operate with teachers and di- 
rectors to secure in those counties, which have adopted 
county uniformity the use of the books which have been 
adopted. In those counties which have not adopted- 
uniformity, he shall co-operate with teachers and direct- 
ors to have district adoptions as now required by law, 
and where adoption in districts may not be made, he shall 
strive to secure the use of those text-books in most gen- 
eral use. He shall prepare a course of study for the use 
of schools of his county,, following the plans suggested by 
the State Superintendent, and shall aid the teachers in 
putting the same into successful operation in his county. 

Sec. 9. He shall open and keep office. — He shall 
have and maintain a suitably equipped office at the coun- 



39 



DIGEST OP SCHOOL LAWS. 

ty seat at the expense of the county, and shall keep there- 
in a supply of blanks as may be furnished by the State 
Superintendent of Public Instruction to the directors, and 
shall see that the various districts of his county are sup- 
plied with the same. He shall also keep in his office a 
record and description of each district in his county, mak- 
ing such changes and alterations in the boundaries of the 
same from time to time as the action of the county court 
in forming new districts may require,, and shall keep an 
up-to-date map of the districts of his county. He shall 
also keep a record of all official acts and deliver the same 
to his successor in office. He shall remain in his office 
during business hours on the second and fourth Satur- 
days in each month to attend to his official duties. 

Sec. 10. He shall devote entire time to office. — He 
shall devote his entire time in the performance of his of- 
ficial duties, and shall visit each school in his county at 
least once during each year, and as often thereafter as 
practicable, remaining therein not less than three hours 
on his first visit. He shall keep a record of each visit, 
giving therein the condition of the school and all official 
acts and recommendations made by him at the time of 
such visit. He shall labor to create among the people an 
interest in public schools, and shall give such directions 
and shall make such recommendations and suggestions 
to teachers and to school boards, as he may deem needful 
to secure the best results in the instruction of pupils, and 
he shall from time to time examine classes and note the 
character of work that is being done. He shall also, in 
addition to the annual county institute now required by 
law to be held, divide his county into as many districts as 
may be practicable, and hold in each district at some 
place suitable to the convenience of the teachers, during 
school terms, institutes for the purpose of instructing the 
teachers in methods of teaching, and for the discussion of 
all matters pertaining to the interest of schools. A dis- 
trict institute shall be only one day in length, and all 

40 



DIGEST OF SCHOOL LAWS. 

teachers of the district, unless excused for sickness or 
other adequate cause, shall attend the same, and for fail- 
ure to do so their licenses may be revoked. His super- 
vision as indicated in this act shall not extend to cities or 
towns that have provided for the supervisions of their 
schools. 

Sec. 11. Annual report. — Contains what. — He shall 
annually on or before the 10th of August, prepare in 
tabular form an abstract of the reports made to him by 
the directors of the school districts embraced in his coun- 
ty, showing the number of organized districts in his coun- 
ty at the commencement of the year; on the first day of 
July preceding, those districts that have made their an- 
nual reports, the number of persons in each district be- 
tween the ages of six and twenty-one years, distinguish- 
ing the sex, and also the color of said person ; the number 
of said persons that attended school during the year, and 
the number enrolled in private schools ; the average num- 
ber of males and females of each color in daily attend- 
ance, and the number that pursued each of the studies 
designated to be taught in the common schools, the num- 
ber of teachers of each sex employed in his county, the 
average wages paid per month to the teachers of each 
sex according to the grade of certificate; the whole 
amount paid as teachers' wages in each county ; the num- 
ber of pupils that studied in his county, and the several 
branches taught; the number of school houses erected 
during the year in his county, material used in their con- 
struction, their condition and value; the grounds of how 
many inclosed, the amount of money paid by tax in each 
district, for what purpose raised ; the amounts that have 
been expended and for what purpose ; the amount of rev- 
enue received by his county from the common school 
fund, and received for the support of schools from each 
of all other sources ; for what purpose and in what sums 
the said revenues were expended, and what amounts un- 
expended were at the close of the school year in the coun- 

41 



DIGEST OF SCHOOL LAWS. 

ty treasury and shall report also the number of deaf 
mutes and blind in each school district in his county, be- 
tween the ages of six and twenty-six years, their names 
and postoffices. 

Sec. 12. Examination. — When held. — How. — The 
county superintendent shall hold the quarterly examina- 
tion on the third Thursday and Friday following of 
March, June, September and December at the hours des- 
ignated by the state superintendent of public instruction 
at the county seat of each county, in a suitable room to be 
provided by the county court, and using the questions pre- 
pared by the department of public instruction. The ques- 
tions shall be mailed by the state superintendent of pub- 
lic instruction under seal, and shall not be opened until 
the day of the examination, and then in the presence of 
the applicants for license. He shall conduct all examina- 
tions in writing, but shall grant no certificates of qualifica- 
tion except in accordance with the provision of the law 
respecting teachers' certificates. He shall grant private 
examinations only when public necessity demands it, and 
then only on the written request of the directors of the 
district in which the teachers propose to teach. The ex- 
amination papers of all persons licensed shall be graded 
and filed for two years in the county superintendent's of- 
fice, subject to the inspection of the state superintendent 
of public instruction, or any school director of the coun- 
ty. The questions furnished by the state superintendent 
shall be used only at the time designated for public exam- 
inations. The standing of each applicant in each study 
must be endorsed on the certificate issued only upon ex- 
amination; otherwise the certificate shall not be valid. 

Sec. 13. Shall teach normal institute. — The county 
superintendent shall teach a normal institute from the 
first Monday in April to the regular quarterly examina- 
tion in June. He shall have power to appoint assistants 
to help conduct the colored normal institute whenever the 



42 



DIGEST OF SCHOOL LAWS. 

number of colored teachers justifies. He shall confer with 
the state superintendent and outline a course of study to 
be used in the normal institutes. This course of study- 
shall embrace the branches of study required for a first 
grade certificate, and shall seek to qualify teachers and 
prospective teachers for more efficient work in the school 
room. Tuition for all teachers and prospective teachers 
shall be free, but for all others the tuition shall be four 
dollars per month, and shall be paid into the treasury as 
license fees are now paid, and for the same purpose. Pro- 
vided, the last week of the said normal institute shall be 
the week's institute as now provided by law. 

Sec. 14. Compensation of county swperinteyident. — 
The compensation of county superintendents shall be paid 
out of the general school fund of their respective coun 
ties, and shall be drawn by a warrant signed by the coun- 
ty clerk and allowed by the county court or judge, of his 
county. Said compensation shall be as follows : Each 
superintendent shall receive the same salary as the coun- 
ty judge of his county, but no superintendent's salary 
shall exceed Twelve Hundred ($1200.00) Dollars per year, 
nor in any case for less than Six Hundred ($600.00) 
Dollars a year. Provided, the salary for the last quarter 
of each year of his services shall not be paid until the 
county treasurer shall see in person that the proper rec- 
ords for the year have been filed among the permanent 
records of the county superintendent's office. 

Sec. 15. County court shall set aside fund for sal- 
ary. — For the purpose of paying the salary of the county 
superintendent, as set forth in Section 14 of this Act, the 
county court shall at the first term after the collector 
and the state shall have paid to the county treasurer all 
funds due the common schools, before said sums are pro 
rated or credited each district of the county, set aside the 
salary herein mentioned, said salaries shall be placed in 
the county treasury,, to the credit of the county superin- 
tendent, and shall be known as the "County Superintend- 

43 



J)IGEST OP SCHOOL LAWS. 

ent's Fund." Said salary shall be paid to the county su- 
perintendent quarterly and shall be drawn by warrant, 
as provided in Section 14 of this Act. 

Sec. 16. Fees for examination. — The fees paid for 
examination for license to teachers as provided in Section 
7567 of Kirby's Digest, shall be set aside and applied to- 
wards the payment of the said county superintendent's 
salary. 

Sec. 17. He shall take oath. — Before entering upon 
the duties of said office, the county superintendent shall 
take and subscribe the oath prescribed for other coun- 
ty officers by the Constitution of this State, and file such 
oath in the office of the county clerk. 

Sec. 18. Laws in reference to county examiner 
shall apply. — That all laws and parts of laws applicable 
to the office of county examiner, not in conflict herewith, 
shall be applicable to the office of county superintendent ; 
and that all laws and parts of laws in conflict herewith 
be and the same are hereby repealed, and that this act 
shall take effect and be in force from and after its pass- 
age. 

Approved May 27, 1907. 

ANNUAL SCHOOL MEETING. 

Sec. 7588. Who may hold meetings. — When held. — ■ 
That the male residents in each organized school district 
in this state over the age of twenty-one years, who have 
paid their poll tax and resided therein for thirty days, 
and within the state for a period of one year, and in the 
county six months, previous to said elections, shall an- 
nually on the third Saturday in May at two o'clock p. m., 
hold a public meeting to be designated "The Annual 
School Meeting of the District," and each school district 
for the purpose of school elections alone, shall be a polit- 
ical township. As amended by Act of January 10,- 
1897. 



44 



DIGEST OP SCHOOL LAWS. 

Sec. 7589. Qualifications of voters. — All persons 
qualified to vote for county and state officers at the gen- 
eral election shall be deemed qualified electors of the 
school district in which they reside, and shall have the 
privilege of voting at all school meetings. 

Sec. 7590. Electors. — Powers of. — The electors of 
every school district shall, when lawfully assembled in 
annual school district meeting, with not less than five 
electors present, have the power, by a majority of the 
votes cast at such meeting :- First, to choose a chairman ; 
second,, to adjourn from time to time; third, to appoint, 
when necessary, in the absence of the directors of the dis- 
trict, a clerk yro tern. ; fourth, to elect a director for the 
district for the next three school years, who can read and 
write; fifth, to designate a site for a school-house; sixth, 
to determine the length of time during which a school 
shall be taught more than three months in a year; sev- 
enth, to determine what amount of money shall be raised 
by tax on the taxable property of the district, sufficient 
with the public school revenues apportioned to the dis- 
trict, to defray the expenses of a school for three months, 
or for any greater length of time, they may decide to have 
a school taught during the year; provided, no tax for 
purposes aforesaid greater than seven-tenths of one per 
cent on the assessed value of the taxable property of the 
district shall be levied; and provided, further, they 
may, if suflficient revenue cannot be raised to sustain a 
school for three months in any one year, determine by 
ballot that no school shall be taught during such year, in 
which case the revenue belonging to such district shall re- 
main in the treasury to the credit of such school district ; 
eighth, to repeal or modify their proceedings from time 
to time. 

To be an elector he must have his name on the paid tax list or 
exhibit a poll tax receipt. 

The power of the electors as enumerated in the above section 
may be considered briefly as follows: 



45 



DIGEST OF SCHOOL LAWS. 

1. To choose a chairman. This must be done in order that the 
business of the meeting may be properly conducted. Failure to hold 
the annual meeting would not set aside the election of school director 
and the voting of tax, if the polls are opened for these purposes as 
provided in Section 7591 of the school law. 

2. , To adjourn from time to time. The annual meeting may be 
adjourned to another date for good reasons, but the election of direct- 
or and the voting for or against tax could not be considered at an 
adjourned meeting. These matters must be settled at the meeting held 
on the third Saturday in May. 

3. To appoint a clerk. This is ^.necessary in order that the re- 
quirements of Section 7632 may be met; also that a permanent record 
may be had of the proceedings of the meeting. 

4. To elect a director who can read and write. Certainly a rea- 
sonable requirement. In case there are to be elected two or more di- 
rectors the ballot should show the length of time each is to serve. 

5. To designate a site for a schoolhouse. Due notice should be 
given in the annual school meeting notice, if the selection of a site is 
to be considered. See Section 7629 of the school law. Directors have 
no authority to change the site of the schoolhouse, unless the electors 
in the annual school meeting vote that this be done, and select the 
new site. 

6. To determine the length of time the school shall be taught 
more than three months in the year. It is, expected that a school be 
maintained in each school district for at least three months in the 
year, if there be funds in the treasury available for that purpose. 
The electors may vote to extend the term more than three months. 
In the absence of any negative action on the part of the electors, the 
oirectors would be authorized to extend the term beyond three raronths, 
if the funds in the treasury to the credit of the district justify such 
extension. 

7. To determine what amount of money shall be raised to defray 
the expenses of the school. In order that the electors may vote intel- 
ligently on this question, it is very important that the directors sub- 
mit the estimate required in Section 7625 of the school law. 

8. To repeal and modify their proceedings. The acts of the elec- 
tors at any school meeting may be repealed or modified at a subse- 
quent meeting within certain limitations. This does not apply to the 
invalidation of any contracts that may have been made, unless by con- 
sent of both parties to the same, a repeal or modification is effected. 

Directors may permit a school to be taught for a shorter term 
than three months, in the absence of an instruction to the contrary 
on the part of the electors, though this is of doubtful expediency. 

Besides these powers, the electors are authorized by Section 7614 
to direct the sale or exchange of the site or schoolhouse; and by Sec- 
tion 7643, to direct the use of the schoolhouse with reference to pri- * 
vate schools; and by Section 7626, to direct the proceedings in all ac- 
tions and suits at law brought for or against the district, if they elect 
to do so. 

Directors have no power to build a school house with funds of the 
district imless authorized to do so at the May meeting, and a contract 
made for such purpose under authority conferred by a special meeting 
held in June is void. Fluty v. School District, 49 Ark., 94. 

46 



DIGEST OP SCHOOL LAWS. 

Changing boundary of school districts. The people at an an- 
nual meeting have no power to change the boundary lines of their 
district, or to re-organize the district. The law places such matters 
in the hands of the county court. 

School furniture can only be furnished by a common school dis- 
trict from funds derived from a special tax for that purpose. Special 
school districts may buy school furniture out of any funds to their 
credit. 

Sec. 7591. Annual election — How held — The an- 
nual district election shall be held by the school directors 
as judges who shall have power to appoint two clerks; 
and if any of the directors should not attend, the assem- 
bled voters may choose judges in the place of those not 
attending, and the judges and clerks shall take the oath 
prescribed by the general election law; provided, that it 
shall be lawful for the county court of any county at the 
April term thereof to enter an order adjudging that the 
general election law shall apply to any school election to 
be held in said county for said year, and thereupon it shall 
be the duty of the sheriff of said county to publish his 
proclamation of said election, and the county election 
commissioners shall appoint judges to hold said election 
in the respective school districts, and said election of di- 
rectors and the voting of said school tax shall be held 
subject to and conform to all the requirements of the gen- 
eral election laws of the state of Arkansas; but this act 
shall not be construed to interfere with or in any way 
to diminish the rights and duties of the assembled elect- 
ors as to the matters to be passed upon in open meeting. 
The expenses of the election herein provided for shall be 
paid out of the general county fund as the expenses of 
general elections are now paid. 

The question as to who shall administer the prescribed oath is 
answered in Section 2807, Kirby's Digest, as follows: 

"In case there shall be no person present at the opening of any 
election authorized to administer oaths, it shall be lawful for the 
judges of the election to administer the oaths to each other and to 
the clerks; and such judges shall have full power and g,uthority to 
administer all oaths that may be necessary in conducting any election." 

Unless the judges make return of the election or vote to the 
county court, it cannot levy the tax. Hodgkin v. Fry, 33 Ark., 716. 

47 



DIGEST OF SCHOOL LAWS. 

Sec. 7592. Ballot — Shall contain what. — The ballot 
of the voter shall, in addition to the names of the persons 
voted for as directors, have written or printed on it the 
words, "for tax," or "against tax," and also the amount 
of tax the voter desires levied. 

Sec. 7593. Judges shall make return to county 
court. — When the polls are closed the judges shall pro- 
ceed to count the votes, ascertain the result and make re- 
turn thereof to the county court, showing the number of 
votes cast for each person voted for for school director, 
also the number cast for and against ,tax, and the number 
of votes cast for each amount or rate of tax voted for ; 
such return, together with the ballots, shall be sealed up 
and delivered by one of the judges to the county clerk 
within twenty days after the election, and it shall be the 
duty of the county clerk to make a record of these returns 
and present the same to the county court when if meets 
for the purpose of levying taxes. As amended by Act of 
March 16, 1901. 

The annual school meeting is held at two o'clock. It is presumed 
that immediately after the regular business as prescribed in Section 
7590, Kirby's Digest, is transacted, the polls will be opened for the 
annual school election. The supreme court held, in the case of Hol- 
land V. Davies, that the statute fixes no lime for the closing of the 
polls, and that, "though the law has not been strictly complied with, 
where no obstruction or impediment to a fair expression of the will of 
the electors is shown" the election should be considered valid. 

A special school meeting can be called only for the election of a 
director. 

It was also held in the same case, that the omission of tVie judges 
to state in the returns the number of votes cast for and against tax 
will not defeat a levy adopted by the annual school meeting. The 
court concludes as follows: "If the substantial requisites of the vote 
appear, informalities and mere irregularifies should be overlooked and 
disregarded." 

Sec. 7594. County court shall ascertain tax. — The 
county court, at its said meeting for levying taxes,, shall 
take the record of the county clerk and ascertain whether 
a majority of the votes cast be for tax; and if a tax has 
been voted, then the county court shall determine the 
amount of taxes voted by taking the largest amount or 

48 



DIGEST OP SCHOOL LAWS. 

rate of taxation voted for by a majority of the voters, 
which shall be levied and collected by the district so vot- 
ing, and if no rate shall have received such majority, then 
all the votes cast for the highest rate shall be counted for 
the next highest, and so on, till some rate voted for shall 
receive a majority of all the votes cast. As amended by 
Act of March 16, 1901. 

Sec. 7595. Taxes. — Levied and collected. — All taxes 
voted for school purposes by any school district shall be 
levied by the county court at the same time the county 
taxes are levied, and shall be collected in the same man- 
ner as the county taxes are collected, at the same time 
and by the same person, and be paid into the county 
treasury, there to be kept subject to disbursement on the 
warrant of the school directors; provided, no tax for 
the purposes aforesaid greater than seven-tenths of one 
per cent on the assessed value of the taxable property of 
the district shall be levied, which shall be done by ballot. 

The county court has no power to levy a school tax independent 
of action on the part of the electors of each school district for which 
the tax is levied; it can only cause to be placed on the tax books and 
collected such rates as are reported from the districts. An excessive 
levy vitiates the whole tax. Worthen v. Badgett, 32 Ark., 496. See 
Ry. V. Parks, lb., 131; Rogers v. Kerr, 42 Ark., 100. 

COUNTY UNIFORMITY OF TEXT-BOOKS. 

Sec. 7596. Electors shall vote on question. — The 
electors of every common school district shall, when law- 
fully assembled in annual district school meeting on the 
third Saturday in May, with not less than five electors 
present, have the power, in addition to the powers al- 
ready provided by law, to vote on the question of county 
uniformity in text-books. 

A majority of all the electors voting at an election in the com- 
mon districts, and not a majority voting on the question, is necessary 
to adopt county uniformity. Only those electors residing in common 
school districts are allowed to vote on county uniformity. 

Sec. 7597. Ballot shall contain what. — The ballot of 
the electors shall, in addition to the name of the persons 

49 



DIGEST OP SCHOOL LAWS. 

voted for as directors, and the words "for tax" or 
"against tax," have written or printed on it "for county 
uniformity" or "against county uniformity." 

Sec. 7598. County court shall ascertain vote. — The 
county court at its regular meeting for levying taxes 
shall open the returns and ascertain, in addition to its 
other duties as now provided, whether the majority of all 
the votes cast at that election in the county be "for coun- 
ty uniformity," and if such be the fact the county clerk 
shall within ten days thereafter so certify to the county 
examiner and to the state superintendent of public in- 
struction. 

Sec. 7599. County uniformity board — How ap- 
painted. — In each county in which a majority of all the 
votes cast shall be "for county uniformity," the county 
examiner, together with two resident teachers of the 
county, holding first grade certificates, to be appointed by 
the state superintendent of public instruction within 
thirty days after receiving notice as in above section,, and 
two citizens of the county interested in the public schools, 
to be appointed by the county judge within thirty days, 
shall constitute the county school book board, who shall* 
take the oath of office prescribed by the constitution of 
the state,, and who shall serve until their successors are 
appointed and qualified in like manner. 

Sec. 7600. County uniformity board — Duties. — 
The county examiner, who shall be chairman of the coun- 
ty school book board, shall call its members to meet to- 
gether at the county seat in the courthouse on or before 
the third Tuesday in November, for the purpose for 
which the board is constituted. The board, after its or- 
ganization, shall proceed to carefully examine and com- 
pare the school text books and their prices, which may 
be submitted for its consideration, and shall within sixty 
days, by a majority vote of all its members, select and 
adopt a list or series of school text books on the following 



50 



DIGEST OF SCHOOL LAWS. 

subjects, to-wit: Writing,, spelling, reading, arithmetic, 
language lessons, English grammar, geography, history 
of Arkansas and of the United States, civil government 
of Arkansas and of the United States, physiology and 
hygiene and elementary algebra, for uniform use in the 
common school districts of the county for a period of six 
years from and after their adoption. In making such 
adoptions, the county school book board shall give due 
consideration to the school text books which are used in 
the majority of the school districts of the county, and to 
the wishes and recommendations of the teachers and 
school patrons, as may be expressed to the board by peti- 
tion or otherwise ; provided, equally as good terms can be 
obtained for the regular supply of the books already in 
general and satisfactory use in the schools of the county 
and for any exchange of books required, as can be ob- 
tained from publishers of other school books of equal 
merit and workmanship; and provided further, that no 
school books shall be adopted the price of which exceeds 
the price at which said books are furnished or sold to 
school patrons in any other state or territory. 

Act 315, May 31, 1909, requires adoption of text on elementary ag- 
riculture and horticulture. 

Sec. 7601. County uniformity hoard — Compensa- 
tion. — The county school book board shall be in session 
not to exceed ten days in any one year and each member 
of the board shall receive two dollars ($2.00) per day for 
each day he shall serve, to be paid out of the common 
school funds of the county. The chairman of the board 
shall file with the county clerk a statement showing the 
number of days each member has served, and the county 
clerk shall issue his warrant on the county treasurer in 
favor of each member in accordance with such state- 
ment, payable out of the common school funds of the 
county. 

Sec. 7602. Penalty for using other books. — The 
county examiner shall keep a record of the proceedings 



DIGEST OF SCHOOL LAWS. 

of the county school book board and the books adopted by- 
it for uniform use in the schools of the county, with the 
contract prices of the same, of which adopted list and 
prices he shall give due notice to the teachers and school 
directors of the county by circular letters or otherwise. 
The books so adopted shall be brought into exclusive use 
in all the public schools of the county as soon and as rap- 
idly as practicable; and any teacher or school director 
permitting any other book or books than those adopted 
by the county board to be used in the schools under their 
charge after one year from the date of their adoption, 
shall be subject to a fine of not less than fifteen dollars 
($15.00), and any person selling any book so adopted to 
a school patron at a price greater than the contract price 
thereof, shalj be subject to a fine of not less than ten dol- 
lars ($10.00) ; provided, that nothing in this act shall be 
so construed as to prohibit any board of school directors, 
superintendent or teacher, from using readers or other 
books for supplementary purposes, but no such supple- 
mentary book shall take the place of any adopted book on 
the county list. 

Sec. 7603. Publisher shall deposit books and give 
bond, — Before any school book may be lawfully adopted 
by any county school book board in this state, its publish- 
er shall deposit in the office of the state superintendent of 
public instruction a sample or standard copy thereof, 
with its regular wholesale or mailing price plainly writ- 
ten or stamped therein, together with a written proposi- 
tion to furnish such school books to any school or school 
board, or to their authorized agent at the lowest whole- 
sale or mailing price thereof. And any publisher making 
a proposition to the state superintendent for furnishing 
school books in this state, shall file with the auditor of 
state a duplicate copy of his or their proposition to the 
state superintendent, and shall enter into a bond to and 
with the state of Arkansas in the sum of twenty 
thousand dollars ($20,000.00) for the faithful perform- 



52 



DIGEST OF SCHOOL LAWS. 

ance of his or their stated proposition. Said bond to be 
made through some reputable guaranty company. 

Sec. 7604. Publisher required to make contract. — 
That each county schoolbook board, before adopting any 
text-books, shall require its publishers to deposit in the 
office of the county examiner a sample or standard copy 
of the same,, and after its adoption, shall require said 
publisher to enter into contract with it, to furnish said 
text-books so adopted for the entire period of its adop- 
tion and use in the schools of the county at its lowest 
wholesale or mailing price as certified by the state super- 
intendent; and shall require the publisher of each and 
every schoolbook so adopted to guarantee and maintain 
the mechanical quality and execution of such book equal 
to the sample or standard copy thereof filed in the office 
of the county examiner, and no county schoolbook board, 
shall adopt any schoolbook whose publisher shall not 
have complied as to said book with the provisions of this 
act. 

Sec. 7605. Special district board may adopt. — The 
board of directors of special school districts in any coun- 
ty which shall adopt a uniform series of books, as pro- 
vided in this act, shall have the option of adopting the 
county uniform series or a different series, in whole or in 
part, for use in its schools. 

Sec. 7606. Counties voting ''against uniformity." — 
In counties in which the vote is "against uniformitj'^" 
there shall be no change in the school books in use in the 
public schools therein for one year; provided, the publish- 
ers of the books so in use shall furnish them upon the 
same terms as the same books are furnished in counties 
voting "for county uniformity," according to the provi- 
sions of this act. 

SCHOOL DIEECTORS. 

Sec. 7607. Directors — When elected — How.— At 
the annual school meeting, held on the third Saturday in 

53 



DIGEST OF SCHOOL LAWS. 

May, there shall be elected by the- legal voters in each 
schoril district a director, who shall hold his ofRce for the 
term of three years, and until his successor shall have 
been elected and have qualified. Provided, at the first 
annual school meeting of the district after the passage of 
this act, three school directors shall be elected, to hold of- 
fice one, two and three years, respectively. Provided 
further, when a new school district shall have been 
formed under the provisions of this act, three directors 
shall be immediately elected by the electors of the new 
district, and shall hold their office for one, two and three 
years respectively, and until their successors are elected 
and qualified, as herein provided for Act December 7, 
1875, Sec. 57, as amended by Act March 11, 1881, Sec. 2, 
and Act January 30, 1889. 

Sec. 7608. Directors shall take oath and file certifi- 
cate. — The judges of any school election of this state for 
school directors shall within five days after said election 
give to the said elected director a certificate of his elec- 
tion, who shall within ten days thereafter take the oath 
of office prescribed for directors,, and file the same, to- 
gether with his certificate of election, with the county 
clerk of his county, and enter at once upon the duties of 
his office. Act January 30, 1889. 

Sec. 7609. Oath — Who shall administer. — An old 
director shall, upon an application of an incoming direct- 
or, administer to him the oath of office. Act March 11, 
1881, Sec. 5. 

Sec. 7610. Director fined for refusing to serve. — 
Any person who shall have been elected or appointed a 
director, and shall neglect or refuse to qualify and serve 
as such, shall forfeit to his district the sum of ten dollars, 
which may be recovered by action against him at the in- 
stance of any elector in the district, and which., when 
collected, shall be paid into the county treasury by the of- 
ficer before whom the action was maintained, and added 



54 



DIGEST OF SCHOOL LAWS. 

by the treasurer to the school fund revenues appropriat- 
ed to the district. 

Sec. 7611. Directors fined for neglect of duty. — 
Any director who shall neglect or fail to perform any du- 
ties of his office shall forfeit to his district the sum of 
twenty-five dollars, to be recovered as directed in the pre- 
ceding section, and to add in like manner to the school 
fund revenues apportioned to his district. 

Sec. 7612. Vacancy in office — How filled. — If the 
office of any director in a district becomes vacant, the 
electors of said district shall, in a district meeting as- 
sembled, within fifteen days after the occurrence of such 
vacancy, elect a director to serve the remainder of the un- 
expired term; but if the district in which such vacancy 
occurs neglects or fails to elect a director to fill such va- 
cancy, then the county court shall appoint from the elect- 
ors of said district si director to serve the remainder of" 
the term. 

From Section 7608 it is plain that the last day upon which the 
newly elected director may take the oath of office is fifteen days from 
the third Saturday in May. In case no director is elected, the electors 
will have the right within fifteen days after the annual meeting to 
elect a director for a vacancy caused by a failure to elect at the proper 
time. For a vacancy caused by death, resignation, or otherwise, the 
electors have fifteen days from the date of such death, resignation or 
other occurrence which caused the vacancy, to fill the same. 

A bona fide removal of a school director from a district annuls 
his right to serve as such. His subsequent return to the district does 
not revive this right. A vacancy has been created, which should be 
filled by a special election, or by appointment, in case the special elec- 
tion is not held within the time prescribed by law. 

Sec. 7613. Duties in general — Shall establish 
schools. — The said board shall make provisions for estab- 
lishing separate schools for white and colored children 
and youth, and shall adopt such other measures as they 
may judge expedient for carrying the free school system 
into effectual and uniform operation throughout the 
state, and providing,, as nearly as possible, for the educa- 
tion of every youth. 



55 



DIGEST OP SCHOOL LAWS. 

In the case of Maddox et al. v. Neal et al., 45 Ark., 121, the su- 
preme court of this state says: "A wide range of discretion is vested 
in these boards by the statute In the matter of the government and 
details of conducting of the common schools, but in the nature of 
things there is a limit to this discretion. Some positive and impera- 
tive duties are imposed upon them about which they have no discre- 
tion. The first and most important duty of the board is to make pro- 
visions for establishing schools. When the funds are provided, and 
the directors are not otherwise instructed by the school meeting of 
the district, the duty to provide a school for at least three months is 
mandatory, and the duty to establish separate schools for the whites 
and blacks is also incumbent on them. All the provisions of the law 
in relation to schools, in conformity to the constitutional mandate, are 
general, and the system, as far as the statute can make it, is uni- 
form. No duty is imposed upon or discretion given to the directors 
about schools for one race that is not applicable to the other. It is 
the clear intention of the constitution and statutes alike to place the 
means of education within the reach of every youth. Education at the 
public expense has become a legal right extended by the laws to all 
the people alike. No discrimination on account of nationality, caste 
or other distinction has been attempted by the law-making powers. 
The boards of directors are only the agents, the trustees appointed to 
carry out the system provided for. Their powers are no greater than 
the authority conferred by legislation. They can do nothing they are 
not expressly authorized to do, or which does not grow out of their 
expressed powers. • • • The opportunity of instruction in public 
schools, given by the statute to all of the youths of the state, is in 
obedience, as we have seen, to special command of the constitution, 
and It is obvious that a board of directors can have no discretionary 
power to single out part of the children by the arbitrary standard of 
color, and deprive them of the benefits of the school privilege. To 
hold otherwise would be to set the discretion of the directors above 
all law." 

A director living in an old district, should his property be in- 
cluded in a new district formed from a portion of the old, ceases to 
be a director. 

The duty of establishing separate schools for races is mandatory. 
If there are eleven or more black children, or eleven or more white 
children, they must have a school. Ten black children or a less num- 
ber, or ten white children or less should be transferred to an adjoining 
district under the provisions of the act approved April 3, 1891. 

The directors have power to require each pupil to pursue certain 
studies, and for violation of such rule, adequate punishment may be 
administered. In the common school districts of this state only the 
common school branches may be required; in special school districts 
the board has power to decide that additional studies shall be taught. 

Sec. 7614. Directors as custodians. — The directors 
shall have charge of the school affairs and of the school 
educational interests of their district, and shall have the 
care and custody of the school-houses and grounds, the 
books, records, papers, and other property belonging to 

56 



DIGEST OP SCHOOL LAWS. 

the district, and shall carefully preserve the same, pre- 
venting waste andliamage; and shall purchase or lease 
in the corporate name of the district, such schoolhouse 
site as may be designated by a majority of the legal vot- 
ers at the district meeting; shall hire, purchase or build 
a schoolhouse with funds provided by the district for 
that purpose; and m.ay sell or exchange such site or 
school house, when so directed by a majority of the elect- 
ors of any legal meeting of the district. 

In general, school property is to be used for the purpose of edu- 
cation. It appears that the legislature has not inhibited the directors 
from permitting the schoolhouse to be used temporarily and occasion- 
ally for other purposes. 

School directors have the care and custody of schoolhouses and 
grounds belonging to the district. It is their duty carefully to pre- 
serve the same, preventing waste and damage. They have the power 
to allow the house to be used for other than school purposes, unless 
otherwise directed by the majority of the electors of the district in a 
legal meeting assembled. The electors of school districts in legal 
meeting have the power to direct that the house be used for other than 
school purposes, provided it be a legal purpose. 

The school law makes it the duty of the board of directors to fix 
a time of beginning a school term. The law gives the people the right 
at the annual school meeting to say how long the school shall continue 
more than three months in the year. 

Section 7614 vests the power of directing the sale or exchange of 
the site or the schoolhouse in the electors alone, and Section 7643 
authorizes the directors to permit the use of the schoolhouse by a 
private school unless otherwise directed by a majority of the legal 
voters of the district. This enlargement of the power of the electors, 
as set out in Sections 7614 and 7590, as to directing tlie sale or ex- 
change of the site or schoolhouse, must be considered in construing 
these sections; and the exercise of the enlarged power must be con- 
trolled by the provisions of Section 7590; that is, the electors may act 
upon these questions at the annual meeting or an adjournment thereof. 

The common school fund apportioned by the state cannot be used 
for building purposes. The law says that no schoolhouse shall be bxiilt 
except by money provided by the district for that purpose. This has 
been construed literally that the money must be provided "by the dis- 
trict" and "for that purpose." 

Directors have no power to build a schoolhouse with funds of the 
district unless authorized to do so at the annual school meeting, and a 
contract made for such purpose under authority conferred by a special 
meeting held in June, is void. Fluty v. School District, 49 Ark., 94. 

If proper notice of such action has been given in the notices of ' 
the annual school meeting, that meeting may select the site for school- 
house, order the board of directors to purchase or lease such site, and 
vote money for building a house thereon, without reference to the 
number of children in the district or the number of schoolhouses al. 

57 



DIGEST OF SCHOOL LAWS. 

ready therein. This is a matter entirely within the discretion of the 
annual school meeting, and it may be considered thereat, or at an ad- 
journed session thereof, but no special called meeting of electors can 
pass upon any of these questions. 

It is evident that the respective powers and rights of directors 
and electors are not clear. The general principle is that the whole 
matter is left to the sound discretion of the directors, subject to a 
controlling direction on the part of the electors. 

Sec. 7615. They shall employ teachers. — They shall 
hire for and in the name of the district such teachers as 
have been licensed according to law, and shall make 
with such teachers a written contract, specifying the 
time for which the teacher is to be employed, the wages 
to be paid per month and any other agreement entered 
into by the contracting parties, and shall furnish the 
teachers with a duplicate of such contract, and keep the 
original ; and they shall employ no person to teach in any 
common school of their district unless such person shall 
hold, at the time of commencing his school, a certificate 
and license to teach, granted by the county examiner or 
state superintendent. 

The right to select a teacher, fix his salary, and the time for the 
opening of the school are matters which belong exclusively to the di- 
rectors. The electors have no right to direct upon any question con- 
nected with the teaching of the school, save the single one of extend- 
ing the term of the school. 

If there will be sufficient funds in the treasury during the year 
for which the contract is made to maintain a school, then the directors 
are allowed to enter into a contract for the same; otherwise they 
are not. 

Directors cannot make a legal contract with a teacher who has 
no license. This negatives the right to contract with a principal 
teacher who is licensed for an amount of money to be paid him, out 
of which he is to pay the salaries of unlicensed assistants. 

Directors make regulations governing the school, but are advised 
to consult the teachers. 

The acts of schools directors are corporate acts. To bind the dis- 
trict it is necessary for them to act at a regular meeting, or a called 
meeting, of which notice was given to each director. At such meetings 
the act of a majority of the board is the act of the whole board. 

There is nothing In the school law prohibiting directors from hav- 
ing a school for less than three months, unless the electors at the an- 
nual school meeting so decide. 

Notice of a called meeting of a board of school directors must be 
given in writing to each member of such board, and must state the 
time, place and purpose of the meeting. When two directors meet at a 



58 



DIGEST OP SCHOOL LAWS. 

called meeting, from which the third director is absent without having 
received legal notice of the meeting, the directors present have no 
authority to bind the district by employing a teacher. Burns v. Thomp- 
son, 64 Ark., 489. 

A board of school directors empowered by statute without any 
limitation to employ a superintendent of schools may make a contract 
for a superintendent for a term beginning after some members of the 
board go out of office. Gates v. School District of Fort Smith, 53 
Ark., 468. 

This decision applies to all teachers employed in the school as 
well as to the superintendent. 

The school district being a body corporate, may sue and be sued 
in any court of the state having competent jurisdiction. Ordinarily, 
school directors are not liable in official contracts, nor are they indi- 
vidually liable for the debts of the district when contracted pursuant 
to law. However, they may by fraud or neglect of duty be subject to 
a common law liability. 

Directors are charged with the educational affairs of their dis- 
tricts, and are clothed with considerable authority and discretion. 
They should see that the schools are not too much crowded. They 
have the power to fix tfee school limits, and to assign scholars to par- 
ticular schools. In doing so, they should exercise sound discretion and 
serve the best interests of all concerned. 

The contracts made by a board of directors are good, though It 
should turn out that the directors are disqualified to hold office. They 
are de facto officers. 

Sec. 7616. They may not employ relative except by 
petition. — That school directors are hereby prohibited 
from employing any person as teacher in the public 
schools, related to either of them by consanguinity or af- 
finity within the fourth degree; unless two-thirds of the 
patrons of a public school should petition them to do so. 
Any director or directors of the public schools violating 
this section shall upon conviction be fined in any sum not 
less than ten dollars ($10.00) nor more than fifty dollars 
($50.00), and in addition thereto shall be suspended from 
office. Act May 23, 1901. 

This act means two-thirds of the patrons residing In a school 
district and not those in the vicinity of a certain school. The word 
"school" here applies to the entire school district. The word "patron" 
applies to those who are electors, who pay taxes, or who send children 
to school, and includes widows who have children of school age and 
widows or spinsters who pay taxes. 

A teacher must have a petition signed by two-thirds of all the 
patrons in the whole district at the time he may be employed by a 
board, any member of which is related to him, it will not be sufficient 
to secure petition after contract is made. A petition must be renewed 
every time a new contract is made. 

59 



DIGEST OP SCHOOL LAWS. 

Sec. 7617. Money necessary to employ teacher. — 
It shall be unlawful for any director or board of directors 
in any school district in this state to employ a teacher to 
teach a school in any district in this state unless said dis- 
trict has money to its credit in the treasury of the county 
in which said district is located,, to pay said teacher for 
such work; provided, that if the amount of taxes to be 
paid in by the collector of any county shall be sufficient 
to have a school taught in any district in which such 
taxes are to be paid, then the directors shall have fhe 
power to employ teachers to teach a school in such dis- 
trict; provided further, that a majority of the patrons of 
any school district in this state shall at all times have the 
right to petition said board of directors to employ a 
teacher and cause a school to be taught in any district 
whenever they so desire; provided further, that said di- 
rectors do not pay more for services of said teacher than 
would be necessary to pay said teacher for said service, 
if said money were in treasury. That any board of di- 
rectors violating this law shall be fined in any sum not 
less than ten nor more than one hundred dollars. 

In case there is money in the treasury to the credit of the dis- 
trict, sufficient to maintain a school, and available for that purpose, 
or a tax voted which, v^hen collected, vi'ill be sufficient to defray the 
expenses of the school, and the directors ma,ke no provision for having 
one taught, the right of petition for a school is given to the patrons 
of the district by the above act. 

Sec. 7618. The term "month" defined. — The term 
"month" however it occurs in any section of this act, 
shall be construed to mean twenty days, or four weeks of 
five days each. Act December 7, 1875, Sees. 58-62. 

Sec. 7619. They may insure school buildings. — The 
officers of special and common school districts are author- 
ized and empowered to insure school buildings of their 
respective districts and to use sufficient funds of their 
district to do so. Act March 3, 1903. 

Sec. 7620. Directors may buy apparatus. — The di- 
rectors of school districts, other than special school dis- 

60 



DIGEST OP SCHOOL LAWS. 

tricts, may expend annually,, out of the common school 
fund, not more than twenty-five dollars during any one 
year for any school under their control for maps, charts, 
globes, dictionaries and other apparatus necessary to the 
progress of the school; provided, said maps, charts, 
globes, dictionaries and other apparatus meets the ap- 
proval of the state superintendent in price and merit; 
provided further, that said expenditure be authorized by 
a majority of the qualified electors of any school district 
making said purchases at the annual school election pre- 
vious to said expenditure. As amended by Act of Febru- 
ary 22, 1899. See comments under Sec. 7625. 

Sec. 7621. Directors may choose books. — The di- 
rectors of each school district in this state shall adopt and 
cause to be used in the public schools of their respective 
districts one series of text-books in each branch or sci- 
ence taught in the public school of their respective dis- 
tricts,, and no changes in these books shall be made for a 
period of three years, unless it be by a petition of a ma- 
jority of the voters of the district desiring the change. 
Act March 11, 1881, Sec. 2. 

This section is virtually repealed by the county uniformity law. 

Sec. 7623. They shall furnish register. — They shall 
procure from the county examiner, and furnish the teach- 
er at the commencement of the term, a register for his 
school, and require the said teacher to report, in said reg- 
ister, at the close of the school term, the number of days 
of the said term, the name and age of each pupil, the 
date on which each entered the school, the separate days 
on which each attended, the whole number of days each 
attended, the studies each pursued, the total number of 
days all pupils attended, the average daily attendance 
and the number of visits received from the directors dur- 
ing the said term. Act December 7, 1875, Sec. 63. 

The keeping- of this register according to all its requirements, 

perfected and complete, is compulsory upon the teacher, and he can 

not draw his last month's wages until this duty is performed. See 
Sec. 7656. 

61 



DIGEST OP SCHOOL LAWS. 

Sec. 7624. They micst visit schools.— They shall vis- 
it the schools at least once each term, and encourage the 
pupils in their studies, and give such advice to the teach- 
er as may be for the benefit of teacher and pupils. 

Sec. 7625. Annual report to electors — Contains 
what. — They shall submit to the district, at the annual 
meeting, an estimate of the expenses of the district for 
that year, including the expenses of a school for the term 
of three months for the next year, after deducting the 
probable amount of school moneys to be apportioned to 
the district for that school year, and shall also submit an 
estimate of the expenses per month of continuing the 
school beyond the term of three months, and of whatever 
else may be necessary for the comfort and advancement 
of the said school. 

As a guide to the electors In voting the tax In the annual school 
meeting the directors are required to submit to them at that meeting 
an estimate of the amount of revenue necessary to meet expenses of 
the district for the year to follow. 

A tax voted for a specific purpose can be used for no other; thus 
a tax voted for building purposes or for teachers' salaries must be ap- 
plied to the purpose mentioned. 

If there be a fund left over at the end of the fiscal year, the 
electors may at any annual meeting divert this balance from its origi. 
nal purpose and appropriate it to some other. 

If the tax Is voted for general purposes, without any direction on 
the part of the electors as to Its expenditure, the directors would be 
authorized to use the same for the actual expenses necessary to ttte 
maintenance of the school, except that no part of the same could be 
used for building purposes. 

Incidental expenses, such as fuel, stoves, blackboards, crayon, etc., 
are necessary expenses, and directors are authorized to draw warrants 
on the common school fund to meet such expenses, if no provision is 
made for them in the estimate submitted by the directors in the an- 
nual meeting. 

If any part of the district fund is to be spent in the purchase of 
maps, globes, charts, etc., the estimate should so state, and directors 
are limited to the amount therein mentioned. 

The electors may by vote authorize the directors to expend not 
exceeding twenty-five dollars out of the common school fund in the 
purchase of supplies mentioned above. 

A failure of the directors to submit the estimate of school ex- 
penses as required in Section 7625 of the school law is a finable of- 
fense. See Section 7611 of the school law. 

62 



DIGEST OP SCHOOL LAWS. 

Sec. 7626. They shall appear for district. — They 
shall, in all suits and actions at law brought by or against 
their district, appear for and in behalf of said district. 
Provided, they shall have no other directions or instruc- 
tions by a lawful meeting of the electors of their district. 

The law makes it obligatory on directors to appear in behalf of 
the district in all suits brought by or against the district. This car- 
ries with it the right to employ a lawyer and to pay him out of the 
school funds, unless they have other instructions from the lawful 
meeting of the electors of the district. The county treasurer cannot 
refuse to pay a warrant properly drawn and signed by two directors 
for such a purpose. 

Sec. 7627. They shall draw warrants. — They shall 
draw orders on the treasurer of the county for the pay- 
ment of wages due teachers, or for any lawful purpose, 
and they shall state in every such order the services or 
consideration for which the order is drawn, and the name 
of the person rendering such service; but they shall not 
draw any order on the county treasurer for the payment 
of the wages of any teacher not licensed. 

Sec. 7628. Treasurer shall pay warrants. — When 
the warrant of any board of directors, properly drawn,, 
is presented to the treasurer of the proper county, he 
shall pay the same out of any funds in his hands for that 
purpose belonging to the district specified in said war- 
rant. 

Every teacher, whether as principal or assistant, must be elected 
by the board of directors; every such person must have a license from 
the county examiner or state superintendent, and every such person 
must have a written contract. County treasurers are warranted to de- 
mand the contract of every teacher or assistant who presents a war- 
rant for the payment of wages from the public school funds. If the 
warrant shows that its holder is principal, and that the amount speci- 
fied on its face is for the payment of the wages of assistants, or if it 
is proven to the treasurer that such Is the case, he should refuse to 
pay the same as a violation of Section 7615. The treasurer may also 
refuse to pay the warrant of any teacher who has not been licensed. 
The words, "properly drawn," in this section refer back to the inhibi- 
tions of Section 7615 and of Section 7617, and the treasurer should ex- 
ercise great care in the matter of paying these doubtful warrants. 

School warrants may be issued by two directors. Grain v. State, 
45 Ark., 450. 



63 



DIGEST OF SCHOOL LAWS. 

Treasurers are required to pay all warrants properly drawn, if 
there is money in the treasury to the credit of the district, belonging 
to the fund on which the warrant is drawn. . If the tax was voted for 
general purposes, the treasurer would he authorized to pay all war- 
rants drawn on a fund so voted, for teachers' salaries and other neces- 
sary expenses. Each warrant should specify for what service or con- 
sideration it was drawn. 

Sec. 7629. They shall give notices of meeting. — The 
directors shall give notice of each annual meeting, by 
posting notices thereof, at least fifteen days previous to 
such meeting, in three or more conspicuous places within 
the district; but it shall not be lawful for a district,, at 
any annual meeting, to fix a site for a schoolhouse, or to 
raise money for building or purchasing a schoolhouse, un- 
less the directors shall have particularly set forth in the 
previous notice given of such meeting that these matters 
were to be submitted for their consideration and action. 

It is the duty of the directors to designate the place of the an- 
nual meeting, and notice of the time and place is essential to the 
validity of a tax voted at such meeting. But the statute designates 
the time, and all are hound to take notice of it. If notice of the place 
be given, the meeting will be legal, though the time be not specified in 
the notice. Hodgkin v. Fry, 33 Ark., 716. A notice given by two of 
the directors is sufficient. Holland v. Davies, 36 Ark., 446; Davies v. 
Holland, 43 Ark., 425. 

Where a meeting of a school district is held for a special pur- 
pose, all that is necessary in the form of the notice is that it should 
be so expressed that the inhabitants of the district may fairly under- 
stand the purpose for which they are convened. 

Sec, 7630. Clerk shall keep records and make re- 
port. — One of the directors shall act as clerk at all dis- 
trict meetings, shall keep a record of the proceedings 
thereof in a book provided for that purpose, or, if absent, 
shall transcribe into said book the minutes kept by the 
clerk pro tempore, and signed by the chairman, as so 
much of the authenticated records of the district; and 
he shall enter on the said book copies of all his reports 
to the county clerk and the county examiner. 

At the first meeting of the board after the annual election, there 
should be a regular organization of the board by the election of a 
president and a secretary to serve for one year. This is absolutely 
necessary, in order that the work of the board may be transacted in a 
business like manner, and a correct and permanent record of its pro- 
ceedings be kept. 

64 



DIGEST OF SCHOOL LAWS. 

Sec. 7631. Clerk's report. — Shall contain what. — 
He shall keep, in a book provided for that purpose, the 
•accounts of the district, by debits and credits, including 
the accounts with the county treasurer, and shall present 
the same to each annual meeting, showing the current ex- 
penses for the year, for schoolhouses, outbuildings, fences 
with which to inclose a schoolhouse site, for stoves, wood, 
maps, charts, blackboards, a dictionary, and other neces- 
saries for a school, and stating the number of days the 
directors have been necessarily employed, in the perform- 
ance of their duties as directors; the date of each order 
drawn by them on the county treasurer, and for what 
services or consideration, for what amounts and in whose 
favor, exhibiting vouchers therefor; a statement of the 
indebtedness of the district, and also of the surplus mon- 
eys, if any, in the county treasury belonging to the dis- 
trict at the commencement of the year; the amount of 
taxes levied on the district for school purposes within the 
year; the different purposes for which said taxes were 
levied, and the amount levied for each purpose. If, on 
examination, the report be found correct the chairman 
of the meeting shall approve the same, and order that it 
be filed with the records of the district. 

Sec. 7632. Directors shall report to county clerk. — 
The directors shall, within ten days after any school 
meeting, report to the clerk of the county so much 
of the proceedings of said meeting as pertains to the elec- 
tion of officers ; and they shall, on or before the first day 
of October in each year, furnish to the clerk so much of 
the copy of their record, attested by the chairman of the 
meeting, as shows the amount of money voted to be 
raised by the district for school purposes at the annual 
meeting. 

Sec. 7633. Annual report to examiner — Contains 
what. — The directors shall, annually, between the first 
and twentieth days of July, transmit, verified by their af- 



65 



DIGEST OP SCHOOL LAWS. 

fidavit to the county examiner, a written report, in proper 
form, of the name of their county ; of the number of their 
district; the names and ages of all persons between the 
ages of six and twenty-one years, residing in their dis- 
trict on the first day of July; the number of males and 
females respectively of each color that attended the com- 
mon schools during the last school year; the average 
number of each sex that attended daily; the number that 
pursued each of the studies designated to be taught in 
the common schools of this state; the number of times 
the school was visited each term by the directors; the 
number of days the school was taught during the year by 
a licensed teacher; the name of each teacher; the grade 
of his certificate ; the wages paid each teacher per month ; 
and the whole amount of wages paid teachers during the 
year. They shall include in their report the amount of 
taxes voted by the district during the last school year, 
for what purpose voted, and the amount voted for each 
purpose; the amount drawn from the county treasury 
for each purpose for which money was raised by district 
tax the previous year; the amount of revenues received 
from the common school fund, and the amount received 
from each of the various other sources from which school 
revenues are derived; the amount of each kind of reve- 
nue remaining in the county treasury and subject to the 
order of the district ; the number of schoolhouses erected 
during the year, and the cost and material of each; the 
number, the material, the condition and the value of those 
before erected, and the value of all other property belong- 
ing to the district; the condition of the schoolhouse 
grounds and whether the said grounds are enclosed ; also 
name, age and postofRce of deaf, dumb, blind and insane 
in each district, including all who are blind or deaf to 
such an extent as not to be educated in common schools; 
and they shall record the said report in the proper place 
in the district book in which the current record of the 



66 



DIGEST OF SCHOOL LAWS. 

proceedings of the district is kept. As amended by Act of 
April 23, 1901. 

Sec, 7634. Penalty for false oath. — The annual and 
enumeration reports of the directors of the various school 
districts of the state of Arkansas shall be good under 
their official oaths, when signed by them officially; pro- 
vided, that any director or school officer who certifies 
falsely to any such report shall be guilty of a misdemean- 
or, and fined in any sum not less than five dollars ($5.00) 
nor more than twenty-five dollars ($25.00.) 

Sec. 7635. They are Uahle for neglect of duty. — 
If the directors of any district fail or neglect to make 
a report of the enumeration, statistics and finances 
of their district at the time and in the manner pre- 
scribed in the preceding section, the said directors, in ad- 
dition to their forfeiture for neglect of duty,, shall sever- 
ally be liable for any damages, including the costs of the 
suit, that the district may sustain by reason of losing the 
school revenues that would otherwise have been appro- 
priated to them. 

Sec. 7636. They shall settle tvith county treasurer. 
— They shall, at the close of the school year, settle with 
the county treasurer, and ascertain what moneys, if 
any, to which their district may be entitled, and 
the amounts severally thereof that are in the county 
treasury and subject to be drawn by their district. 

Sec. 7637. They may suspend pupil. — The directors 
of any school district may, at the instance of the teacher, 
suspend from the school any pupil far gross immorality, 
refractory conduct or insubordination, or for infectious 
disease. Provided, such suspension shall not extend be- 
yond the current term. 

Bona fide residence in a school district entitles one to school priv- 
ileges for his children or wards. The fact that the children were not 
included in the enumeration for the year does not deprive them of this 
privilege. However, parents are not entitled to school privileges in 

67 



DIGEST OF SCHOOL LAWS. 

two or more districts in the same year, when a removal is made solely 
for tliis purpose. 

Tlie power of suspension rests witli the scliool board, though in 
extreme cases, the teacher would be justified in dismissing a pupil 
from the scliool, pending the action of the board, provided the attention 
of tlie board is at once called to the matter. 

In cases where suspension of a pupil may be deeme.d necessary 
by the board, care should be exercised that neither prejudice nor malice 
actuate the board in its conduct. The important auestion to be con- 
sidered is the good of the school. The acts of the board in all such 
cases are considered to be without malice of prejudice, and, in order 
that they rnay be held responsible for any injury done the pupil by 
suspension, it will be necessary that the contrary be proved. 

In cases of contagious or infectious disease it has been uniformly 
lield tliat a school board is authorized to deny to a person infected or 
exposed to the disease the right to school privileges till the danger of 
such infection or exposure is past. In many states the supreme court 
has ruled tliat requiring persons who wish to attend school to be vac- 
cina,ted is a reasonable requirem.ent, in case there is danger of a spread 
of smallpox in a community, and that the board may deny to anyone 
who refuses to comply with such requirement the right to attend 
school until the danger is past. 

Absence and tardiness are the bane of many schools, and rules 
exacting reasonable excuses from the parent or guardian of children 
wlio are guilty of this fault are just and proper. A failure of a parent 
or guardian to comply with such rule may subject the child to sus- 
pension. 

Tlie right to administer corporal punishment is not denied to the 
tea,cher under our law, though the drift of sentiment among educators 
is away from such method of discipline. If, in the judgment of the 
teacher, the rod must be used, the offense, the condition and tempera- 
ment of the child, the extent of the punishment — all should be con- 
sidered in advance. In the Illinois school laws and decisions the fol- 
lowing excellent summary of the subject may be found: 

"Tlie opinions of the highest judicial tribunals and eminent jur- 
ists concur in respect to the propriety and necessity of granting school 
teachers tlie authority to inflict corporal punislinient in certain cases, 
and of protection to them in the prudent and reasonable exercise of 
such autliority either to promote the welfare of the child or of the 
whole scliool. Teachers are, however, held to a just accountability for 
the abuse of the power conferred." 

The teacher's jurisdiction over the pupil, as expressed by vari- 
ous supreme courts is, that this control covers the time from the 
leaving liome oil the part of the piipil until his return thereto. It has 
also been held that the teacher may take the pupil to task for any mis- 
conduct cdminitted at any time or place, the result of which may prove 
siibversive of the authority of the teacher or directly detrimental to 
the best interests of the school. 

Directors, not teachers, give holidays. 

It should be borne in mind the rule-making power rests with the 
school board. The members of the board are selected from the com- 
munity and are supposed to represent the best type of citizenship of 
tlie community. In their hands is placed tlie control of the schools of 

68 



DIGEST OF SCHOOL LAWS. 

the district, and to their judgment the welfare of the same Is entrust- 
ed. The rules by them made for the government of the school are 
taken to be reasonable and equable, and will be so held by the courts, 
unless the contrary is shown. Pupils are expected to abide by fTiese 
rules, and the fact that a pupil is enrolled in the school is taken as a 
tacit agreement on his part to be obedient to them. Insubordination 
constitutes a just cause for the suspension of any pupil. 

Sec. 7638. Older persons may attend. — They may 
permit older persons to attend the school under such reg- 
ulations as they may deem proper. 

It has also been held that the directors, unless there be instruction 
to the contrary from the electors in the annual school meeting, may 
admit non-resident pupils to the privileges of the school. If this be 
done the rate of tuition should not be less than the per capita paid for 
the education of the children resident in the district. Directors should 
In no case allow the admission of non-resident pupils to the disad- 
vantage of the pupils who are entitled to school privileges by reason 
of residence in the district. 

Sec. 7639. County court may transfer. — The coun- 
ty court shall have power, upon the petition of any per- 
son residing in any particular school district, to transfer 
the children or wards of such person, for educational 
purposes, to an adjoining district in the same county, or 
to an adjoining district in an adjoining county; provided, 
said petitioner shall state under oath that the trans- 
fer is for school purposes alone. Provided further, 
where a number of colored children or wards, not ex- 
ceeding ten, reside in a particular school district, the 
county court shall have power, upon petition of any per- 
son to transfer said colored children or wards of such 
person to an adjoining district in the same county, or an 
adjoining district in an adjoining county; and, also, 
where a number of white children or wards, not exceed- 
ing ten, reside in a particular school district, the county 
court shall have power upon the petition of any person, 
to transfer said white children or wards of such person 
to an adjoining district in the same county, or an adjoin- 
ing district in an adjoining county; and said transfers 
under the last named proviso shall not destroy the legal- 
ity of such school district, although the number of chil- 
dren be reduced to a number less than thirty-five persons 

69 



DIGEST OP SCHOOL LAWS. 

of scholastic age; and said petitioner shall at once notify 
the county examiner of the county or counties and the 
directors of both districts. Act April 3, 1891. See Sec, 
7543. 

Sec. 7640. Transferred children — includes wnere. 
— The directors of the district to which such children 
have been transferred at the time of taking the enumera- 
tion shall include such children in the district to which 
they have been transferred, and they shall not be enum- 
erated in the district where they reside. The district 
school tax of such person shall be added to the school rev- 
enues of the district to which he has been transferred 
and shall not be included in the school revenues of the 
district where he resides. 

An elector, who has transferred to a district for school purposes 
and has all other qualifications necessary for a director, may hold the 
office of director. 

Transfers can be made, only into adjoining districts. 

Transfers are authorized for the benefit of better school facilities, 
and a person having no children cannot transfer. Property without 
children cannot be transferred. 

Application for transfer must be made by the person whose chil- 
dren or wards are to be affected by the same. 

If A transfers his taxes to an adjoining district for school pur- 
poses, and afterwards moves away, the right of transfer does not hold 
for the person who may move on the property formerly occupied by A. 

The transfer ceases when the parent or guardian no longer has 
children or wards of school age. 

Children over twenty-one years of age, or who may attain that 
age after a transfer has been made by their parents, have no school 
rights under such transfer. 

A transfer must be made in the name of the parent or gruardian 
of the children for whose benefit the transfer is made, and does not 
affect the children or wards of renters on the land of the party trans- 
ferring. 

Parents are not transferred into other school districts, but Uieir 
taxes, both personal and real, may be, and this entitles the children or 
wards of such persons to school privileges in the district to which 
transfer is made. 

Sec. 7641. Transferred persons — Powers. — ^Any 
person who transfers his child, children or wards and 
property to any district for educational purposes, shall 

70 



DIGEST OF SGHOOL LAWS. 

have the same right to vote in said district for directors 
and tax as other electors have of the district to which he 
is transferred. Where such person is transferred to 
a district out of his county, the county treasurer of the 
county wherein he resides, shall open an account with the 
district to which he is transferred, and his school taxes 
shall be credited to the same and paid on the warrants of 
the directors of the district to which he is transferred. 
Provided, any person transferring his property and chil- 
dren to an adjoining district for educational purposes 
shall have the right, after having been transferred, or re- 
siding therein for thirty days previous to said election, 
and within the state for one year and in the county six 
months, and who has paid his poll tax, to vote in said 
school district, and in no other for directors or tax at 
said school elections. 

Sec. 7642. Same — Transfer to another county. — 
Whenever any person or persons transfer from one 
school district to another school district across a county 
line, it shall be the duty of the directors of said district 
to which said person or persons have transferred, 
to allow ail qualified electors that have transferred across 
the county line to vote in said school election the same as 
if he lived in the same county; and when a tax is levied, 
the directors shall notify the county judge in the county 
where said transfers live, the amount of taxes levied and 
the names of all taxpayers who have transferred into 
said district across the county line, and the county judge 
shall cause the levy to be made. It shall be the duty 
of the collector of taxes to collect the school tax from said 
person or persons who have transferred and to turn it 
over to the treasurer of his county and the treasurer shall 
notify the directors of the school district where said 
transfer was made, the amount of taxes in his hands to 
their credit, and said directors shall draw their warrant 
on said treasury for the same, and he shall pay said war- 



71 



DIGEST OP SCHOOL LAWS. 

rant to the amount of all in the treasury to their credit 
in the same manner as if the said directors lived in his 
county. Any officer wilfully violating any of the provi- 
sions of this act shall be fined in any sum not to exceed 
twenty-fiive dollars ($25.00.) 

Sec. 7643. They may permit private school. — The 
directors may permit a private school to be taught in the 
district schoolhouse during such tim.e as the said house 
is not occupied by a public school, unless they be other- 
wise directed by a majority of the legal voters of the dis- 
trict. 

Sec. 7644. Examination and institute — School shall 
close. — The directors shall cause the public schools in 
their districts to be closed on the days appointed for pub- 
lic examination of teachers in their county, and also cause 
the said school to be closed during the session of the 
teachers' institute. Provided, said school shall not be 
closed for a greater length of time than five days during 
any one session of not more than five months. Act March 
27, 1885. 

By Act XXVII, approved March 5, 1S95, so much of this section 
as relates to public examinations is repealed. Teachers are not now re- 
quired to attend examinations unless they desire to obtaiji license to 
teach. No examination and institute can be held at the same time. 
Teachers are required to attend one institute annually, and cannot be 
charged for loss of time while attending. See Sees. 7652 and 7653. 

Sec. 7645. Directors and examiners exempt from 
road duty. — Directors and county examiners shall be ex- 
empt from working on roads and highways. Act Decem- 
ber 7, 1875, Sees. 11 -I'd, as amended by Act March 23, 
1891. 

Sec. 7646. Penalty for not reporting tax levy. — Any 
director or other person whose duty it may become to re- 
port to the county court the per .cent of tax levied by any 
school district at an annual meeting, and who shall neg- 
lect or refuse to do so in the manner and at the time pro- 
vided by law, shall be liable for all loss which may be sus- 

72 



DIGEST OF SCHOOL LAWS. 

tained by such failure and for all costs, and shall be fined 
not less than ten nor more than fifty dollars. 

Sec. 7647. Shall furnish county clerk with list of 
property. — Within fifteen days after any special tax shall 
be voted by a school district at an annual meeting, it shall 
be the duty of the directors to furnish the county clerk 
with a certified list of all persons owning property in the 
district liable to pay such special tax. 

Sec. 7648. Penalty for neglect of duty. — ^Any per- 
son whose duty it is to execute Sections 7621, 7647,, 
7664, and who shall fail to do so, shall be fined not less 
than ten nor more than fifty dollars, and the same shall 
be paid into the county treasury. Act March 11, 1881, 
Sees. 1, 3 and 9. 

TEACHERS. 

Sec. 7649. Teachers must be licensed. — Any person 
who shall teach in a common school in this state, without 
a certificate of his qualification and his license to teach, 
shall not be entitled to receive for such services any com- 
pensation from revenues raised by tax or in any wise ap- 
propriated for the support of common schools ; provided, 
if his license expires by limitation during any school, 
such expiration shall not have the effect to interrupt his 
school, or to debar his claim against school revenues for 
the payment of teachers' wages. 

The right to teach is based upon an approved examination. Every 
teacher must hold a certificate in order to receive school revenue for 
his services. This includes all assistants. The assistant is a teacher 
and can only receive compensation lawfully through the directors. 
No principal can draw a lump salary from the school revenues to pay 
for either licensed or unlicensed assistants. Each teacher must have 
a separate contract and draw his separate compensation. The treas- 
urer is warranted in demanding the license and the contract before 
paying any warrant; and if such contract discloses the fact that th-e 
warrant is drawn to cover the salary of an unlicensed teacher, it 
should not be paid. See Sections 7628, 7627 and 7615. 

The teacher must have a living license on the day he begins the 
actual work of teaching. Having begun his school lawfully he may 
finish it, although his license expires before the end of his term, but 
if a vacation occur, the teacher must secure a license before resuming 

73 



DIGEST OF SCHOOL LAWS. 

the school; neither is a teacher authorized to teach a school on a li- 
cense that expires a few days after his school is begun. 

If directors employ a teacher who has not a certificate, as re- 
quired by law, and the treasurer knows the fact, even if the directors 
Issue a warrant, the treasurer should not pay it. 

If a teacher teaches for awhile without a certificate and then gets 
one, the directors cannot pay for the time taught without a certificate. 
Neither can they pay him indirectly for such time by hiring him over 
at an advance in salary sufficient to make up for the time taught be- 
fore he got a certificate. Public oflicers must not do indirectly what 
the law forbids them to do directly. 

The number of hours for keeping a school open is not fixed by 
the law, but is a matter of contract between directors and teachers. 
The number of hours usually includes the time given for recesses and 
excludes the noon intermission. 

All assistant teachers, substitute teachers, special teachers of 
writing, etc., included, in the public schools, must have certificates of 
Qualification from the county examiner — there is no exception to the 
emphatic requirements of the law in respect to certificates. 

This opinion is grounded upon the plain object of the legislature 
in requiring teachers to possess certificates; which can be none other 
than to secure the employment of teachers of approved character and 
ability — a consideration of quite as much moment in the case of as- 
sistant teachers as any other. 

It is held that the superintendent of city and village schools be- 
longs to the teaching force, and should, therefore, have a certificate of 
qualification in order that he may draw his pay. 

"When the directors persist, in violation of law, in retaining a 
teacher who does not hold a certificate, any taxpayer or patron of the 
school would be entitled to an injunction to restrain the teacher or 
board from continuing the school. 

Sec. 7650. He shall keep register. — Every teacher 
shall keep a daily register of his school in the manner 
prescribed by law, and indicated by the blank school reg- 
ister to be furnished by the directors at the commence- 
ment of the school. 

Directors cannot make the reports required by law without the 
information contained in this register, and they should exact rigidly a 
compliance with the requirements of this section. No teacher should 
be given a warrant for his last month's salary until this register is 
completed for the term. 

Sec. 7651. Record. — Contains what. — It shall be the 
duty of each teacher to leave in his school register a com- 
plete record of the various grades in his school, indicat- 
ing the amount of work done by each student during the 

74 



DIGEST OF SCHOOL LAWS, 

session and the position of each student at the close of 
the school term. 

Sec. 7652. Teachers desiring to be examined. — It 
shall be the duty of only such teachers as desire to be ex- 
amined for license to teach in the public schools in any 
county to attend any public examination for teachers of 
said county. 

Sec. 7653. Shall attend one institute annually. — 
It shall be the duty of all the teachers of the public 
schools to attend one institute annually, which shall be 
held by the county examiner, after having given twenty 
days' notice of the time and place of the institute in the 
same manner as is now required by law for quarterly 
examinations. No institute and quarterly examination 
shall be held at the same time. No teacher, when attend- 
ing a quarterly examination, or an institute, shall be 
charged for loss of time while necessarily absent from 
his school to attend such examination or institute. 

Act March 5, 1895. 

The law requires each examiner to hold at least one institute an- 
nually. Teachers are expected to attend the same. Due notice should 
be given them of the institute, and, in case they fail to attend, it is 
within the power of the examiner to revolve their license, provided 
opportunity is given the teachers to appear before the examiner and 
show cause why they did not attend. Reasonable excuses should of 
course have their weight with the examiner, though he is to be the 
judge of their reasonableness; and, if he act in good faith in the 
revocation of a license, he will not be held liable under the law for any 
damage that may result in consequence of such revocation. 

Sec. 7654. Shall not vermit sectarian books. — 
No teacher employed in any of the common schools shall 
permit sectarian books to be used as a reading or text- 
book in the school under his care. 

Sec. 7655. Teacher's claim not superseded. — Any 
teacher who shall have complied with the provisions of 
this act shall be paid from the first money received into 
the county treasury to the credit of' the district; and his 
claim shall not be superseded by any subesquent claim; 

75 



DIGEST OF SCHOOL LAWS. 

and no money in the county treasury belonging to any 
district shall,, so long as there is any such claim filed 
against the said district, be applied to any purposes what- 
ever other than the payment of teachers' wages. Act De- 
cember 7, 1875, Sees. 80-84. See Sec. 7661. 

Sec. 7656. Penalty for failure to file Register. — No 
teacher shall be entitled to the last month's pay for any 
school taught by him until he shall have returned to the 
directors of the district in which such school was taught 
the daily register furnished him, with all statistical work 
which teachers are by law required to perform, perfected 
and complete, and no director shall otherwise issue an or- 
der for such last month's pay. Act March 11, 1881, Sec. 4. 

TRESPASS ON SCHOOLHOUSES, ETC. 

Sec. 7657. Penalty for desU'uction of property. — 
Any person who shall wilfully destroy or injure any 
building used as a school house, or for other educational 
purposes, or any furniture,, fixtures or apparatus thereto 
belonging, or who shall deface, mar or disfigure any such 
building, furniture or fixtures, by writing, cutting, paint- 
ing or pasting thereon any likeness, figure, words or de- 
vice, without the consent of the teacher or other person 
having control of such house, furniture or fixtures, shall 
be fined in a sum double the value of any such building, 
furniture, fixtures or apparatus so destroyed, and shall 
be fined in a sum not less than ten nor more than fifty 
dollars for each offense for writing, painting, cutting or 
pasting in any such building, furniture or fixtures any 
such words, figures, likeness or device, to be recovered by 
civil action in any court of competent jurisdiction; and 
the punishment provided in this section is in addition to, 
and not in lieu of,, the punishment provided by the 
statutes for such offenses. Act December 7, 1875, Sec. 86. 

Sec. 1923. Penalty to deface. — To cut, write upon, 
deface, disfigure or damage any part or appurtenance or 



76 



DIGEST OF SCHOOL LAWS. 

the inclosure of the statehouse, or any other building be- 
longing to the state, or any church or school Iiouse, or 
other public building, or to any citizen of iKis ?late, when 
not occupied, shall be a misdemeanor puni.-hnble by a fine 
not exceeding one hundred dollars. 

DISTURBANCE OF SCHOOL- 

Sec. 1653. Penalty for disturbance. — If any parent, 
guardian or other person, from any cause, fancied or real, 
visit any school and insult any teacher in the presence of 
his pupils, the person offending by such conduct shall be 
liable to a fine of twenty-five dollars. Act December 7, 
1875, Sec. 85. 

Sec. 1927. Penalty for trespass. — Any person or 
persons who shall, by any boisterous or other noisy con- 
duct, disturb or annoy any public or private school in this 
state, or any person not a student who, after being duly 
notified to keep off the school grounds during the school 
hours by the board of directors or the superintendent or 
principal teacher in charge of any such school, shall con- 
tinue to trespass or go upon said grounds, whether at 
recess or during the sessions of said school, shall be guilty 
of a misdemeanor, and upon conviction shall be fined in 
any sum not exceeding one hundred dollars. Act Febru- 
ary 16, 1893, Sec. 2. 

SCHOOL WARRANTS — DISBURSEMENT OF FUNDS, ETC. 

Sec. 7658. Certain officers prohibited from owning 
school warrants. — It shall be unlawful for county collect- 
ors and treasurers to purchase or otherwise be the own- 
ers of or interested,, directly or indirectly, in any school 
warrant issued by any school director of the county in 
which they reside. 

Sec. 7659. School tax payable by warrant. — The 
district school tax in each county may be payable and re- 
ceivable in the warrants drawn by the directors of the 

77 



DIGEST OF SCHOOL LAWS. 

school district in which a school tax may be levied by the 
county court. 

Sec. 7660. County treasurer shall keep register. — 
It shall be the duty of the county treasurer of each coun- 
ty to keep in his office a suitable and well-bound book, in 
which he shall register by number and in the order of 
presentation all district school warrants that may be pre- 
sented to him; this registration to be made before the 
warrant is paid, and it shall show the date of presenta- 
tion of the warrant, by whom drawn, on what district, 
and in whose favor, and for what purpose drawn, the 
amount and date of the warrant, date of payment, and to 
whom paid; and said book shall at all times be subject to 
the inspection of any taxpayer. 

Sec. 7661. Treasurer shall give notice of funds. — It 
shall be the duty of the county treasurers, immediately 
upon the receipt by them of any school funds, to give 
notice of the amount and kind of funds received, and 
from what source received, by written or printed notices 
put up in two public places in each and every school dis- 
trict, and at the court house door, and the funds so re- 
ceived shall be paid out on the warrants registered in ac- 
cordance with the provisions of the preceding section. 
As amended by act of April 17,, 1899. See Sec. 7552. 

Sec. 7662. Penalty for failure to comply. — Any of- 
ficer failing to comply with the requirements of this act, 
for each and every offense, shall be subject to indictment, 
and, if found guilty, shall be punished by a fine of not less 
than five hundred dollars and by confinement in the pen- 
itentiary of the state for a period not less than three nor 
more than twelve months. 

Sec. 7663. Director. — Penalty for fraud. — ^Any di- 
rector who shall fraudulently issue any school warrant 

78 



DIGEST OF SCHOOL LAWS. 

shall be guilty of a misdemeanor, and, upon conviction, 
shall be subject to the penalties enumerated in the preced- 
ing section. Act May 27, 1874. 

Sec. 7664. Treasurer's report. — Contains what. — 
The county treasurer shall, on or before the tenth day of 
August each year, forward to the superintendent of pub- 
lic instruction a certified statement showing the amount, 
in kind, of public school funds received by him; from 
what sources they were received ; how and for what pur- 
poses they have been disbursed, and what amount, in 
kind, remains in the treasury. See Sec. 7648. 

Sec. 7665. Warrants. — Time for presentation. — The 
order of any board of directors, properly drawn after the 
passage of this act shall be presented to the treas- 
urer of the proper county within sixty days after it was 
drawn by the said board of directors. All such orders 
shall be paid in the order of their presentation ; provided, 
that this act shall not apply to warrants issued prior to 
May 1, 1899. As amended hy act of April 17, 1899. 

Sec. 7666. Warrants shall be paid in order. — If 
there are no funds with which to pay such order the 
treasurer shall indorse the same: "Not paid for want of 
funds", giving the date and signing his name officially. 
He shall number and record each warrant in the book 
provided for such purpose, keeping a separate record for 
each district, and shall pay said warrants in the order 
of their number. Act March 21, 1885, Sec. 2. 

Sec. 3509. Treasurer's commission. — He (the coun- 
ty treasurer) shall be allowed, as commissions on the ag- 
gregate amount of all the school funds of the county com- 
ing into his hands in any one year, the rate of two per 
cent and no more ; provided, that if any county treasurer 
shall have taken commissions from any particular school 
fund, the same fund shall not be subject to commissions 

79 



DIGEST OP SCHOOL LAWS. 

in the hands of his successor in office. As amended by act 
of March 12, 1895. 

VIOLATION OF SCHOOL LAWS — DUTY OF PROSECUTING 
ATTORNEYS. 

Sec 7667. He shall bring offender to trial. — The 
prosecuting attorney of each judicial district shall, upon 
being satisfied that any violation of the school laws of 
this state has been committed by any officer or person, 
in any county of his district, which renders such officer 
or person so offending liable to any fine, pain, penalty or 
forfeiture for damage, without delay, institute in any 
court of competent jurisdiction such proceedings as are 
necessary to bring such offender to trial, and secure to 
the county, school district, or person damaged by such 
violation, the benefits and reliefs to which each or any of 
them may be entitled ; and for such services the prosecut- 
ing attorney shall be allowed the same compensation as 
he is allowed in cases of misdemeanor, which shall be 
assessed against such offender as cost. Act March 11, 
1881, Sec. 10. 

SPECIAL ACT FOR THE REGULATION OF PUBLIC SCHOOLS IN 
CITIES AND TOWNS. 

Sec. 7668. Organization. — Any incorporated city or 
town in this state, including the territory annexed there- 
to for school purposes, may be organized into and estab- 
lished as a single school district in the manner and with 
the powers hereinafter specified. Act February 4, 1869, 
Sec. 1. 

In the case of Beavers vs. State, 60 Ark., 124, it is held that the 
territory, which was Included with the incorporated city or town, 
in a common school district prior to its formation into a single school 
district, is not by the act or organization included therein and can 
only be so included by annexation as provided for in Section 7695. 

Sec. 7669. Voters may petition for election. — Upon 
the written petition of twenty voters of such city or town, 
praying that the sense of the legal voters of said city or 
town may be taken on the adoption of this act for the 



80 



DIGEST OF SCHOOL LAWS. 

regulation and government of the public schools therein, 
it shall be the 'duty of the mayor of such city or to'vvn, 
within five days after the presentation of such petition, 
to designate and fix a day, not less than seven nor more 
than fifteen days distant,, for holding an election in said 
city or town for that purpose and also for the election 
by ballot, at trie same time, of a board of six school di- 
rectors for said city or town. 

Sec. 7670. Mayor shall give notice of election. — The 
mayor shall cause notice of said election to be given by 
posting notices in at least five public places in said city 
or town, and by one insertion in such newspapers as may 
be published in said city or town. The electors at said 
election desiring to vote in favor of the adoption of this 
act shall have written or printed on their ballots, "For 
the school law", and those opposed thereto shall have 
written or printed on their ballots, "Against the school 
law" ; and if amajority of the ballots cast at said election 
shall be "For school law", then, and in that case only, 
shall such city or town be deemed and held to be a single 
school district under and in pursuance of this act, and the 
directors voted for and elected at said election shall qual- 
ify and enter upon the discharge of their duties as here- 
inafter provided. lb., part Sec. 2. 

The preceding sections are to determine whether the special act 
for the regulation of public schools in cities and towns shall be 
adopted. They are preliminary to organization. They require the fol- 
lowing modus operandi: 

1. A written petition of twenty voters asking that the sense of 
the legal voters be taken on the adoption, of the act. ; 

2. The mayor must fix within five d";ys from the presentation of 
said petition a day for said election. 

3. Said election shall not be less than seven nor more than fifteen 
days from the date of the proclamation. 

4. Said election shall also determine by ballot a board of six 
directors. 

5. The mayor must promulgate the election notices by posting 
and printing should there be a paper. 

6. The electors must vote by ballot and as prescribed. 

7. A majority of all the votes cast are necessary to make said 
city or town a single school district. 

81 



DIGEST OF SCHOOL LAWS. 

Sec. 7671, Election — How held. — On the third Sat- 
M5day in May^^^ thereafter, an election 

shall be held at the usual voting place in each ward of all 
incorporated towns and cities heretofore organized into 
single or special school districts, for the election of two 
directors, who shall serve for three years, and until their 
successors are elected and qualified. The ballot of the 
voter, in addition to the names of the persons voted for as 
directors, shall have written or printed on it the words 
"for tax", "against tax", and the rate the voter desires 
levied; provided, in incorporated towns and cities of the 
second class, the election may be held at one or more of 
the voting places therein, and not in each ward, if the 
board of directors shall so direct by notice posted in three 
public places in said city or town ten days before the elec- 
tion designating the place or places at which said election 
shall be held. 

Sec. 7672. Directors shall give notice of election. — 
When any special school district has been organized as 
provided by law, the board of directors shall give notice 
of each annual election at least fifteen days previous to 
such election, by posting notices in at least five public 
places in said district. 

Sec. 7673. Who shall hold election. — Said election 
shall be held by the judges appointed to hold the munic- 
ipal elections in said city or town next preceding the said 
election, for the ward or wards in which such school elec- 
tion may be held. The judges at each voting place shall 
appoint two clerks, and each judge and clerk shall take 
the loath required by law, and shall receive for their ser- 
vices the sum of one dollar each, to be paid out of the 
school fund of the district on the order of the board of 
directors. 

Sec. 7674. Polls — When open. — The judges shall 
cause the polls to be opened at nine o'clock and closed at 
sunset. 



&2 



DIGEST OF SCHOOL LAWS. 

Sec. 7675. When voters may select judges. — If any 
of the regular judges shall fail to appear by ten o'clock, 
the assembled voters, not less than ten in number, shall 
select other judges in their places. 

Sec. 7676. Where voters may vote. — If the election 
shall be held in all the wards of the city or town, each 
voter shall vote in the ward where he resides. Provided, 
voters residing in any part of the district not embraced 
in any ward may vote at any place they may deem most 
convenient. 

Sec. 7677. Returns of election made to clerk. — The 
returns of said election shall be made to the county clerk, 
who shall forthwith deliver a certificate of election to 
each of the persons elected directors. 

Sec. 7678. Clerk shall certify result to county court. 
— He shall also declare the result of the votes for and 
against tax, and certify the same to the county court on 
the first day of the term fixed by law for levying county 
taxes ; and the rate of taxes so certified shall be levied by 
the court as other school taxes. 

Sec. 7679. Directors shall take oath — when. — Each 
person elected director shall take the oath of office within 
five days after receiving a certificate of election, which 
shall be filed with the county clerk, and thereafter during 
his term of office no further oath nor affidavit shall be re- 
quired of him in the discharge of his official duties. 

Sec. 7680. Chapter 57 does not apply. — The provis- 
ions of chapter 57 shall have no application to the elec- 
tions herein provided for. Act April 10, 1893, Sees. 1-7. 

Chapter LVII, referred to in above section, is tliat providing for 
general elections (Kirby's Digest). 

Sec. 7681. Directors shall organize. — Said board of 
directors shall organize by choosing from their own num- 
ber a president and secretary,, who shall hold their offices 
until the last Saturday in May, and annually on that day. 



DIGEST OF SCHOOL LAWS. 

said board shall meet and elect from their number a 
president and secretary. Act March 21, 1885, Sec. 2. 

Sec. 7682. School board may fill vacancy. — If the 
office of director in any special school district shall be- 
come vacant, the remaining directors of said district shall 
elect a director to fill such vacancy, who shall serve 
until the next annual election for school directors, at 
which time all vacancies shall be filled by the electors for 
the unexpired term. 

Sec. 7683. Board shall meet — When. — Said board of 
directors shall hold a regular meeting on the last Satur- 
day in each month, and may hold stated meetings at such 
other times and places in said district as they may ap- 
point; four members of said board shall constitute a 
quorum, but a less number may adjourn from time to 
time ; special meetings thereof may be called by the presi- 
dent, or by any two members of the board, on giving one 
day's notice of the time and place of the same, and, in 
case of the absence of the president at any meet- 
ing of the board, a president p7^o tempore shall be 
chosen. The office of any member of said board, 
as such, who shall, without good cause, fail to at- 
tend three consecutive monthly or stated meetings of 
said board, may be declared vacant by the board. The 
board may make rules and regulations for their own gov- 
ernment and for the dispatch and regulation of the school 
business and the affairs of the district, not inconsistent 
with law. Act February 4, 1869, Sec. 4. 

Sec. 7684. Poiuers of board. — Said board of direct- 
ors shall have power to purchase or lease schoolhouse 
sites., to build, hire or purchase shoolhouses, and to keep 
in repair and furnish the same with the necessary seats, 
desks, furniture, fixtures and fuel, and to insure the 
s?-me; to fence the school grounds," erect outhouses, pro- 

84 



DIGEST OF SCHOOL LAWS. 

vide wells and make all other improvements on the 
schoolhouse grounds and schoolhouses belonging to 
said district necessary and proper for the comfort, con- 
venience and health of the scholars, and the preservation 
of said property; to hire teachers for all public schools 
of the district, employ a superintendent of schools, 
who may also be principal of any graded or high school 
that said board may establish; to provide books and ap- 
paratus for the schools, and the necessary blank books 
and stationery for the board, and school registers and 
the blanks for the teachers; to establish and maintain a 
sufficient number of primary, graded or high schools to 
accommodate all the scholars in said district; to deter- 
mine the branches to be taught and the text-books to be 
used in the several schools of the district ; to admit pupils 
not belonging to the district on such. terms as they may 
agree upon with the parents, or guardians of said pupils, 
or the district from whence they came; to appoint a 
board of thriee visitors and examiners for the schools of 
the district, which board shall examine persons applying 
to teach in any of the schools of said district; provided, 
no teacher shall be employed who does not hold a cer- 
tificate from the state superintendent or county examiner ; 
to examine, from time . to time, the books and the ac- 
counts of the county treasurer, so far as the same relate 
to the several school funds belonging to the district; and 
when, in the opinion of a majority of the members of 
said board, the best interest of the district demand a sale 
or exchange of any real estate or school house site belong-, 
in to the district, they may sell or exchange the 
same, the deed therefor to be executed by the president of 
the board upon a majority vote of the whole board of 
directors authorizing and directing such sale or exchange. 
Ih., Sec. 5. 

This section does not authorize the directors to substitute their 
examination for that of the examiner. The examiner's rigl:its are 



85 



DIGEST OP SCHOOL LAWS. 

superior to those of the directors. He should examine under his oath, 
and license or refuse to license as his judgment decides, and is not 
accountable to any board of directors. Nor should he hold his exam- 
ination in connection with the examination of the board. His work 
should be entirely separate from their work. They have the right 
to examine, but not to interfere in any particular with the examiner's 
work. 

REMOVAL OF A TEACHER FOR INCOMPETENCY. 

Under Sections 7684 and 7685, which enjoin the board of school 
directors to hire suitable teachers; to enforce all necessary rules for 
the government of teachers and pupils; and to visit the schools and 
observe the discipline and progress of the pupils, the board has the 
power to remove a teacher for incompetency and for immorality; and 
the fact that the teacher has been duly licensed by the county exam- 
iner, and that the latter has failed to revoke the license as he is 
empowered to do by Section 7573, is not conclusive to the board as to 
competency or morality of the teacher. The fact that the board has 
tolerated the teacher's misconduct and inefficiency for a time does not 
operate as a waiver of its rights to discharge him therefor, as the 
teacher's undertaking to perform his duty in a moral and skillful man- 
ner is assumed for the benefit of the school, its pupils and patrons 
and not for the benefit of the board. School District of Fort Smith 
v. Maury, 53 Ark., 471. 

Sec. 7685. Board shall establish schools. — It shall be 
the duty of said board, as soon as the means for that 
purpose can be provided, to establish in said district an 
adequate number of primary schools, so located as best to 
accommodate the inhabitants thereof; and it shall be the 
further duty of said board to establish in said district a 
suitable number of other schools of a higher grade or 
grades, .wherein instruction shall be given in such studies 
as may not be provided for in the primary schools ; the 
number of schools, the grades thereof, and the branches 
to be taught in each and all of said schools to be determ- 
ined by said board. It shall be the duty of said board to 
keep said schools in operation not less than three nor 
more than ten months in each year. The said board shall 
have power to make and enforce all necessary rules and 
regulations for the government of teachers and pupils in 
said schools. Said board shall also, separately or collect- 
ively, together with such persons as they may appoint or 
invite, visit the schools in the district at least twice in 
each year, and observe the discipline, mode of teaching, 



DIGEST OF SCHOOL LAWS. 

progress of the pupils, and see that the teachers keep a 
correct register of the pupils, embracing the periods of 
time during which they attend school,, the branches 
taught, and such other matters as may be required by law 
or by the instructions of the state superintendent. lb., 
Sec. 6. 

Sec. 7686. Board snail order warrants drawn. — 
No draft or warrant shall be drawn on the county treas- 
urer, except in pursuance of an order of said board; all 
drafts or warrants on the treasurer shall be signed by 
the president, or president pro tempore, and the secre- 
tary, and shall specify the fund on which they are drawn 
and the use for which the money is assigned. lb., Sec. 8. 

Sec. 7687. Secretary — Duties of. — The secretary 
shall record all the proceedings of the board in book? kept 
for that purpose; shall make and preserve copies of all 
reports required by law to be made to the state superin- 
tendent of public instruction or county examiner; shall 
file all papers transmitted to him pertaining to the busi- 
ness of the district; shall make, or cause to be made, the 
annual enumeiation of the youth of the district in the 
time and mariner required by law of school directors, and 
shall perform such other duties as the board of directors 
may order and direct ; and for his services may be allowed 
reasonable compensation, to be audited and allowed by a 
majority of said board. The other members of said board 
shall receive no compensation for their services. lb., 
Sec. 9. 

Sec. 7688. Board shall control real property. — The 
title of all real estate and other property belonging, for 
school purposes, to any city or town organized into a sep- 
arate school district under this act, shall vest, and hereby 
is yested, in said city or town, as a school district and 
shall be under the management and control of the board 
of school directors for said district as fully and complete- 



87 



DIGEST OF SCHOOL LAWS. 

ly as other school property belonging to said district. lb., 

Sec. 10. 

Sec. 7689. District sJiall he known by name of city. 
■ - Ml school districts formed under and governed by this 
act shall be knov/n by the name of the city or town consti- 
tuting the district, with the words ''School District of" 
prefixed thereto (as, for example, "School District of Lit- 
tle Eock") ; and by such name, may sue and be sued, con- 
tract and be contracted with, purchase, acquire, hold and 
sell property, receive gifts, grants and bequests, and gen- 
erally shall possess and enjoy all the corporate powers 
usually possessed by bodies corporate of like character. 
The style of the board of directors for school districts 
under this act shall be "Board of School Directors." lb., 
Sec. 11. 

Sec. 7690. Board shall pay all debts. — The board of 
school directors of any district organized under this act 
shall pay and discharge all d( ots and liabilities lawfully 
incurred by the several school districts existing under 
previous law and embraced ir^ the district organized un- 
der this act. lb., Sec. 12, 

Sec. 7691. Penalty for failure to quaUfy. — Any per- 
son elected a director under the provisions of this act 
who shall fail to take the oath of office and qualify as 
herein required, or who, after qualifying as such director, 
shall fail to perform and discharge the official duties in- 
cumbent upon him as a director, shall be liable to the 
same penalties that now are or may be hereafter pro- 
vided by law. against directors of school districts for fail- 
ing or refusing to qualify,, or for neglect of official duty. 
75., Sec. 13. 

Sec. 7692. May appoint and fix term of examiners. — 
The board of directors may fix the term of office and (de- 
fine the duties of the board of visitors and examiners of 
the public schools in their district, and any person ap- 



DIGEST OP SCHOOL LAWS. 

pointed by the board of directors a member of said board 
of visitors and examiners who shall refuse to act as such, 
and discharge the duties pertaining to such position, shall 
forfeit and pay to said district the sum of twenty-five 
dollars, to be recovered in civil action in the name of said 
district, and added to the teachers' fund belonging to said 
district. Provided, no person shall be compelled to serve 
in that capacity more than three consecutive years. Said 
board of visitors and examiners shall receive no compen- 
sation for their services. Ih., Sec. 14. 

Sec, 7693. Special districts shall have share of gen- 
eral fund, — All school districts organized under this act 
shall have and receive their full proportion and distribu- 
tive share of the general school fund of the state, in the 
same manner and according to the same rule as it is or 
may be apportioned to other districts. 75., Sec. 15. 

Sec. 7694. Superintendent and examiner may sug- 
gest. — It shall be the duty of the* state superintendent 
and county examiners to make such suggestions and 
recommendations to the board of directors in relation to 
organizing and conducting the public schools in the dis- 
tricts organized under this act as they shall deem im.port- 
ant. 

Sec. 7695. General school law shall apply. — The pro- 
visions of the general school laws of the state which are 
now or may hereafter be in force, when not inapplicable, 
and so far as the same are not inconsistent with and re- 
pugnant to the provisions of this act, shall apply to dis- 
tricts organized under this act; and such provisions of 
said laws as are inconsistent with and repugnant to the 
provisions of this act and inapplicable to districts organ- 
ized thereunder, shall have no operation, force or effect in 
such districts. The county court shall annex contiguous 
territory to single school districts under the provisions of 
this act, when a majority of the legal voters of said ter- 
ritory and the board of directors of said single district 

89 



DIGEST OF SCHOOL LAWS. 

shall ask, by petition, that the same shall be done. 76., 
Sees. 16 a7id 17. 

May Borrow Money. 

Sec. 7696. Board may borrow money. — All special 
free school districts in the state of Arkansas are hereby 
authorized and empowered, for the purpose of raising 
funds for the erection and equipment of necessary school 
buildings, to borrow money and mortgage the real prop- 
erty of the district as security therefor, under such con- 
ditions and regulations as to amount, time and manner 
of payment as the board of directors of said school dis- 
trict shall prescribe, and renew and extend from time to 
time any evidence of indebtedness or mortgage, or both, 
issued or made by virtue hereof. 

Sec. 7697. Notes and warrants valid. — Said evi- 
dence of indebtedness, whether warrants or promissory 
notes, or both, shall be in form in all respects as other 
instruments of like kind are required by law to be, and 
shall have the same force and effect as they would have 
if executed by natural persons, and the warrants shall 
have the same validity as they would have if there were 
money in the county treasury to pay the same at the time 
they were drawn, and may be drawn payable in the 
future and need not be registered with the county treas- 
ury till the time for payment, but shall be drawn upon 
the building fund and paid out of it in the order of their 
date as the building fund is provided and collected by 
successive levies and collections, and said school district 
shall be allowed in law or equity no defense merely by 
reason of the fact that it is a school district. 

Sec. 7698. District shall have rights of natural per- 
son. — Nothing in this act shall be so construed as to pre- 
vent or cut off from such school district any right in law 
or equity which a natural person might claim, and assert 
under like circumstances ; and in any action by or against 

90 



DIGEST OF SCHOOL LAWS. 

said district arising on any instrument or contract made 
under this act,, the district shall as far as practicable be 
decreed and treated as a natural person. 

Section 7699 is repealed in effect except as to Jefferson county by 
Act 248, May 6, 1905. 

ACT 312. 

School Districts to Be Coincident With City. 
AN ACT to amend Section 7668 of Kirby's Digest. 

Be It Enacted by the General Assembly of the State of 
Arkansas : 

Section 1. That Section 7668 of Kirby's Digest be 
and the same is hereby amended so as to read as follows : 

Any incorporated city or town in this state, includ- 
ing the territory annexed thereto for school purposes, 
may be organized into and established as a single school 
district in the manner and with the powers hereinafter 
specified; provided, all school districts which are already 
organized and all hereafter organized under this Act, 
shall include all the territory of the city or town, and 
when the limits of the city or town are extended so as to 
include territory not before within the school district, 
all of said new territory into the city or town become a 
part of special district of said city or town. 

Sec. 2. That all laws and parts of laws in conflict 
with this Act are hereby repealed, and this Act shall take 
effect and be in force from and after its passage. 

Approved May 31, 1909. 

ACT 321. 

AN ACT to create special or single school districts in any 
county in the State of Arkansas, with some powers 
as are now granted to incorporated cities and towns 
for such purposes, and empowering the county judge 
to call said election. 



91 



DIGEST OP SCHOOL LAWS. 

Be it Enacted by the General Assembly of the State of 
Arkansas : 

Section 1. That when the people of any given ter- 
ritory in any county in this state, other than incorporated 
cities and towns, desire to avail themselves of the bene- 
fits 'Of all laws of this state, for the regulation of public 
schools in incorporated cities or towns,, they may be or- 
ganized into and established as a single school district in 
the manner and with powers therein provided, with such 
modifications of said laws as are herein provided. 

Sec. 2. That the petitions provided for in Section 
7669 of Kirby's Digest of the laws of Arkansas shall be 
accompanied by a map showing the territory asked to be 
made into the special district and shall be presented to 
the county judge of the county containing such territory, 
who shall perform the duties imposed upon the mayor of 
cities and towns in said original Act, and with like force 
and effect and said county judge shall designate the time 
and place for holding the election provided for therein, 
and shall appoint three qualified electors of the proposed 
territory to hold said election. 

' Sec. 3. That all school districts created under this 
Act shall have the power to borrow money as any other 
special or «ingle district, in cities or incorporated towns, 
when a majority of the legal electors vote for the same,, 
at any annual school meeting. 

Sec. 4. All laws and parts of laws in conflict with 
this Act are hereby repealed and this Act be in force and 
effect from and after its passage. 

Approved May 31, 1909. 

SCHOOL LANDS. 

Sec. 7700. Inhabitants may petition for sale. — When- 
ever the inhabitants of any congressional township in 
this state shall desire the sale of the sixteenth section of 



92 



DIGEST OF SCHOOL LAWS. * 

such township, or of any lands substituted therefor, or 
any which have been or may be mortgaged to the state 
of Arkansas for the use of the school fund, which after 
foreclosure and sale have been stricken off to the state of 
Arkansas, they may, by written petition, signed by a 
majority of the adult male inhabitants of such township, 
require the collector of taxes, or if there be no collector,, 
then the sheriff of the county wherein such land is sit- 
uated to sell the same. For the purpose of making sales 
of any of the lands mentioned in this section, the sheriff 
is hereby vested with all powers now conferred by law 
upon collectors. 

Sec. 7701. Collector shall divide land. — Upon tlie 
reception of such petition, the collector shall ascertain 
that it is signed by a majority of the male inhabitants of 
such township and shall immediately proceed to divide 
the land into 40-acre tracts, and after making such divis- 
ion, a statement or plat of same and number of each 
tract shall be made so that the boundaries may be de- 
fined and ascertained, which statement or plat of the sec- 
tions shall be used as a guide in advertising and selling 
said lands ; provided, the collector may, when necessity re- 
quires it, call the county surveyor of his county to assist 
in such survey and division, and he shall be allowed and 
paid out of the funds arising from the sale of such 
school lands by said collector such compensation as he is 
allowed by law for similar services, and the receipt of 
such surveyor to said collector shall be a sufficient voucher 
for the m.oney so paid. 

Directors can confer no authority to cut timber on school lands, 
and one who does so by their authority, under an agreement with them 
to pay the value, commits a trespass for which he may be sued by the 
state. Widner v. State. 49 Ark., 172. The legal title to school lands 
is in the state, and a school district cannot maintain an action for 
such lands. lb.; School District v. Driver, 50 Ark., 346. See State v. 
Morgan, 52 Ark., 150. 

Sec. 7702. No tract more than forty acres. — In sub- 
dividing the sixteenth section land for sale no tract shall 

93 



DIGEST OF SCHOOL LAWS. 

contain more than forty acres, and the division may be 
made into town or city lots with roads, streets or alleys 
between them. 

Sec. 7703. Land shall be appraised. — The collector 
shall cause each tract or sub-division of such school 
land to be appraised at a fair value by three dis- 
interested householders of the county, each of whom 
shall take an oath which shall be indorsed upon the ap- 
praisement that he does not desire or intend to buy said 
land or any part thereof, and that he will not directly or 
indirectly be or become interested in the purchase thereof 
at the sale to be made by the collector ; such appraisement 
shall be returned to the collector. 

Sec. 7704. Compensation of appraisers. — When any 
sheriff in any county in this state shall summon any 
householder to view and appraise any sixteenth section 
lands, as is now provided by law, said appraisers shall re- 
ceive for their services the sum of one dollar and fifty 
cents per day for each day they are engaged in such ser- 
vice; and it is the duty of the sheriff to certify to the 
county court the number of days that appraisers have 
been detained on or by reason of such services, which cer- 
tificates shall be sufficient evidence for the auditing, al- 
lowance and payment of said claim by said county court. 

Sec. 7705. Collector shall give notice of sale. — The 
collector shall then give notice that he will sell the said 
school lands at the courthouse door of the county on the 
first day of the next term of the county court upon the 
terms prescribed by law. Such notice shall be published 
in some newspaper published in the county where the 
land is situated at least four weeks before the day of the 
sale. If there be no newspaper published in said county, 
then the collector shall post up written notices in at least 

94 



DIGEST OF SCHOOL LAWS. 

six of the most public places of the county four weeks be- 
fore the day of the sale. 

The collector shall also in either case put up a copy 
of the notice upon the schoolhouse situated on the land, 
if there be one thereon; if not, at the most public place 
on the land. 

Sec. 7706. Land sold at public sale — When held. — 
Upon the day of sale the collector shall offer the lands 
at public auction in separate subdivisions, beginning with 
number one and ending with the last mentioned division. 
Such sale shall be made between the hours of 12 m, and 
3 p. m., but may be continued from day to day at the 
same place and between the same hours until all have 
been sold or offered. The sale shall be made for cash. If 
any bidder shall fail to perfect his bid by paying the cash, 
the collector shall immediately resell the land and the bid- 
der shall be responsible for the difference between his bid 
and the price at which the land sold, which may be recov- 
ered from him by the collector, in action for the use of the 
township, and the collector shall, if necessary, at once in- 
stitute suit against such bidder to recover the amount of 
difference between his bid and the price at which the land 
sold. No tract or sub-division shall be sold for less than 
three-fourths of its appraised value; provided, no tract 
or subdivison of the sixteenth section lands shall be sold 
at a less price than one dollar and twenty-five cents per 
acre. If any tract offered is not sold it may be offered 
again upon like notice, upon the first day of the next,, or 
any succeeding term of the county court, and so on until 
sold without a new petition. 

Sec. 7707. County court may reject or approve 
sale. — The collector shall, without delay, report all sales 
to the county court, which may reject or confirm the 
same. If any sale be rejected, the county court may 
direct the collector to again advertise and offer the land, 
and may specify the minimum price at which the tract 

95 



DIGEST OF SCHOOL LAWS. 

or tracts may be sold, not to be less than two-thirds of 
its appraised value. Provided, no tract or subdivision of 
the sixteenth section lands shall be sold at a less price 
than one dollar and twenty-five cents per acre. If the 
sale be confirmed by the county court the collector shall 
execute and deliver to the purchaser a certificate in the 
following form: 

I, , collector in and for the county of 

state of Arkansas, certify that 

has purchased of section . . . . , in township , 

range , containing acres at 

dollars per acre, and has paid to me in full the sum of 
dollars. The expense of this sale was : 

Cost of advertising, $ 

Cost of order of confirmation, $ 

Cost of rejection of prior sale, $ 

Surveyor's fee (if any) , $ 

,^ Collector's commission, per cent, $ . 

Leaving a net balance of $ in my hands due 

the sixteenth (16) section fund account of this county. 

Now, therefore, upon the presentation of this cer- 
tificate to the commissioner of state lands, the said 

his heirs or assigns, shall be entitled to a deed from said 
commissioner of state lands for the tract or land above 
described. 

Collector of County. 

In all cases proper orders of confirmation or rejec- 
tion shall be entered on record by the county court. 

Sec. 7708. Collector shall pay costs. — Out of the 
rnoney received by the collector for the sale or sales of the 
sixteenth section lands,, he shall pay the cost of advertis- 

96 



DIGEST OP SCHOOL LAWS. 

ing, cost of oonfirmation order, cost of rejection of sale 
(if any), surveyor's fees (if any), and he may retain for 
his services two per cent of the gross amount received by 
him for the sale of such land; the residue of the money 
received for the sale of said land, after deducting the ex- 
penses as are above provided for, he shall at once trans- 
mit to the treasurer of state, who shall place the amount 
to the credit of the county's sixteenth section fund to 
which it rightfully belongs. 

Sec. 7709. Taxes on school land — Clerk's duty. — The 
county clerks of the several counties in this state shall 
examine carefully and closely the tax books of their re- 
respective counties and ascertain what person or persons 
are paying taxes on any part or parts or the whole of 
the sixteenth section lands, and it shall be the further du- 
ty of the county clerks after ascertaining from the tax 
books the names of any person or persons paying taxes 
on any of the sixteenth section lands, and the numbers of 
said lands, to examine the record of deeds and find by 
what authority and whether any title or titles vest in 
said person or persons in whose name or names said lands 
are assessed, and shall on or before the first Mondaj^ in 
September, eighteen hundred and eighty-five, make and 
forward to the commissioner of state lands a full and 
complete statement of the exact status and condition of 
all of the sixteenth section lands in their respective coun- 
ties. The county clerks shall be allowed the sum of forty 
dollars each for their services in making this report and 
it shall be paid to them by their respective counties. 

Sec. 7710. Clerk shall keep record of funds due 
toivnships. — The county clerks of the several counties in 
this state shall keep in a well bound book, provided for 
that purpose, correct and accurate accounts with each 
and every township in their several counties, which may 
be entitled to any of the funds under this act, and shall 
immediately after each and every sale of any part of said 

97 



DIGEST OP SCHOOL LAWS. 

sixteenth sections certify to the auditor of state the 
amount of moneys received by such collectors on account 
of such sales, and the auditor shall thereupon charge 
the same to such collector. 

Sec. 7711. Penalty for neglect of duty. — A neg- 
lect, failure or refusal by any county clerk to perform 
any and all duties enjoined upon him by the provisions 
of this act, shall be deemed a misdemeanor, and upon 
conviction thereof, such clerk shall be fined in any 
sum not less than one hundred dollars, nor more than 
five hundred dollars, for each offense,, and may be remov- 
ed from office. 

COLLECTION OF CLAIMS DUE COMMON SCHOOL FUND. 

Sec. 7712. Attorney General shall appoint collec- 
tors. — The attorney general of the state of Arkansas 
is authorized and instructed to employ competent attor- 
neys residing in the counties in which the lands are situ- 
ated to collect all claims and notes due the school fund 
arising from the sale of the sixteenth section lands. Be- 
fore taking charge of any of such notes or claims, each of 
said attorneys shall be required to give bond for the 
faithful keeping, collecting and accounting for same, as 
provided for in this act, in double the sum of the amount 
supposed to come into his hands, and such security as 
shall be approved by the circuit judge of the judicial cir- 
suit in which said attorney resides, and such bond when 
approved shall be filed with the commissioner of state 
lands, and the commissioner of state lands shall, when 
such bond has been filed with him, turn over, or cause to 
be turned over to the said attorney, all notes and claims 
due the school fund pertaining to the sixteenth section 
lands. Said attorneys may retain,, as fees for collection, 
ten per cent of the gross amount collected by them under 
the provisions of this act. The remainder of said gross 
amount, after deducting their fees, as above provided for, 
shall be by said attorneys transmitted without delay to 

98 



DIGEST OP SCHOOL LAWS. 

the treasurer of state, who shall place the same to the 
credit of the sixteenth section fund of the county to 
which it rightfully belongs, and said attorneys shall pre- 
pare and forward to the commissioner of state lands a 
statement for each and every collection made by them, 
setting forth the name of the maker of the note or claim, 
the date of same, the dates of all previous payments (if 
any) made on such note or claim. 

Sec. 7713. Treasurer of state shall issue receipts. 
— All moneys paid into the state treasury arising from 
the sale or collection of notes and claims pertaining to 
the sixteenth section lands, shall be by the state treasur- 
er placed to the credit of the county's sixteenth section 
fund, to which said moneys may rightfully belong, and 
the treasurer of state shall, for each payment to him on 
account of the sixteenth section fund, issue triplicate re- 
ceipts, one of which receipts shall be filed with the audi- 
tor of state, one filed with the commissioner of state 
lands and one given to the party making payment. 

Sec. 7716. Claims — Turned over to commissioner of 
state lands. — All notes, claims, bonds, papers or evidences 
of debt belonging to the school fund, arising from the 
sale or sales of sixteenth section lands, in the hands of the 
county collectors or other persons, shall be, within ninety 
days after the passage of this act, turned over to the com- 
missioner of state lands. 

Sec. 7717. MiLst pay claims in ninety days. — All 
county treasurers, collectors or other persons, having in 
their possession any funds arising from the sale or sales 
of the sixteenth section lands,, shall, within ninety days 
after the passage of this act, pay the same into the state 
treasury, and the state treasurer shall place the same 
to the credit of the respective counties' sixteenth section 
fund accounts to which said funds do rightfully belong. 

Sec. 7718. Commissioner shall make deed. — Upon 
the presentation to the commissioner of state lands 

99 



DIGEST OF SCHOOL LAWS. 

of any certificate of purchase as specified in Section 7707 
the commissioner shall execute to the purchaser a deed 
for the lands therein described and shall keep a full and 
complete record of all such sales and of the deeds so is- 
sued, and it shall be the further duty of the commission- 
er of state lands to keep as correct records of sale or 
sales of the sixteenth section lands as the reports made 
to him from time to time may enable him to do. Act 
March 31, 1885, Sec. 2-18. 

PATENTS. 

Sec. 7727. Title may be made to assignee.— When 
the purchaser of any portion of the common school lands 
has heretofore assigned, or may hereafter assign, the 
certificate of purchase of such land, the title thereof may 
be made directly to the last assignee of such certificate 
of purchase, upon full payment of all the purchase money 
and interest due on said land. Act April 12, 1869, Sec. 10. 

Sec. 7728. Commissioner may make deed to heirs. — 
If any person who shall have purchased any portion of 
the sections of school lands from the collector of any of 
the counties of this state, and paid one-fourth the pur- 
chase money therefor, and received a bond for title from 
such collector, shall die before such payment is fully 
made, and the executor, administrator, guardian or legal 
represent?.tive of such deceased person shall pay or cause 
to be paid the balance, if any,, that shall be due to the 
collector on said purchase, upon the certificate of the col- 
lector of the proper county that the whole of the pur- 
chase money, with all the interest due thereon, has been 
fully paid, the commissioner of state lands shall forth- 
with execute a deed, as is now required by law, to the 
heirs at law of such deceased person. lb., Sec. 11, as 
amended act February 16, 1885. 

Sec. 7729. La7id shall stand charged. — The land 
thus conveyed to the heirs shall stand charged with the 

100 



DIGEST OF SCHOOL LAWS. 

amount of money necessarily advanced to the school 
fund, in order to procure title, and shall, in other re- 
spects, be chargeable with the rights and incumbrances 
that would have attached had it descended regularly to 
the same heirs. 

Sec. 7730. Patents made valid. — All patents issued 
for sixteenth section, or any part thereof, or common 
school land during the war between the states and all 
official acts of the officers of this state, in regard to such 
lands,, during the said war, and also all deeds made by 
the common school commissioners of the several coun- 
ties in compliance with an act of the legislature of the 
state, entitled, "An act to relieve certain citizens of Ar- 
kansas who purchased school lands," passed March 4, 
1867, are hereby confirmed, ratified and made valid, and 
full faith and credit shall be given to said patents, deeds 
and official acts in all the courts of this state. Provided, 
nothing herein shall be construed to prevent the setting 
aside of any of said deeds or patents for actual fraud 
or mistake. 

Sec. 7731. Rights of state vested in owner of pat- 
ents. — Any right, title or interest which the state of Ar- 
kansas may have acquired, or holds by virtue of any 
judgment, decree, execution or sale of any court in this 
state, in lands for which patents or deeds have been made 
and issued as mentioned in Section 7730 is hereby vested 
in the proper owners thereof under such deeds or patents. 

Sec. 7732. Attorney may dismiss suits. — The at- 
torney representing the state of Arkansas is hereby in- 
structed and required to dismiss all suits now pending for 
school lands where patents or deeds have been made 
therefor, as specified in Section 7730, or if it does not ap- 
pear on the face of the pleadings filed that such patents 
or deeds have been made, then the patent or deed may be 
pleaded in bar of the suit, or the court may dismiss the 
suit on exhibition and prof ert of such deed or patent ; and 

101 



DIGEST OF SCHOOL LAWS. 

where judgment or decree has been entered, and sale has 
not been made, the state's attorney shall enter satisfac- 
tion in full thereof on the presentation to him of such 
deed or patent. 

Sec. 7733. Commissioner required to execute deed. — 
If any purchaser of school lands shall have paid the pur- 
chase money thereof, and received no deed or patent 
therefor, or if any person now owing for school lands 
bought shall hereafter pay out his indebtedness therefor, 
and shall produce to the commissioner of state lands sat- 
isfactory evidence of such payment, the commissioner of 
state lands is authorized and required to execute to such 
person, or to his legal representative, a deed conveying 
all the right, title and interest of the state of Arkansas in 
isuch lands ; but if payment has not been made before suit 
is begun, the purchaser shall also pay the costs of the suit 
Act December 14, 1875, as amended by act March 31, 
1885, Sec. 18, and act of February 16, 1885, Sec. 2. 

LEASE OP SCHOOL LANDS. 

Sec. 7734. Lands shall be leased. — All school lands 
in any county in this state susceptible of cultivation shall 
be leased by the county collector of said county from the 
first to the tenth of January in each year. Act April 12, 
1869, Sec. 12. 

Sec. 7735. MiLst be leased at public outcry. — The 
manner and terms of leasing said lands shall be by pub- 
lic outcry to the highest bidder, the lessee paying one- 
half the amount of rent in cash at the time of leasing 
and the balance at the end of the year. lb. 

Sec. 7736. Twenty days notice must be given. — At 
least twenty days' public notice of the time and place of 
offering such lands for rent or lease shall be given by 
said collector by publishing the same in the newspapers 
of the county and by posting up hand-bills at the most 
prominent points throughout the county. lb. 

102 



DIGEST OF SCHOOL LAWS. 

Sec. 7737. Collector may rent privately. — If any 
school lands offered for rent or lease at the time and in 
the manner above indicated shall not bring such price 
as the collector shall think a reasonable rent therefor, he 
shall be authorized to rent the same by private contract 
for the ensuing year, or for a longer term if he shall 
deem it expedient. lb. 

Sec. 7738. Pnior occupants required to pay rent. — 
The occupants of school lands prior to the passage of this 
act shall re required to pay a reasonable annual rental 
during the time said lands have been so occupied. 

Sec. 7739. Usages of other lessees shall govern. — 
The lessees of school lands shall be subject to the same 
provisions governing the lessees of other property. Pro- 
vided, it shall not be rented for a less amount than was 
offered at public sale. Ih. 

cutting timber off sixteenth section. 

Sec. 1929. Unlawful to cut timber. — It shall not be 
lawful for any person to cut or remove any timber or 
stone off the sixteenth sections of land, for the use of 
schools, or any section or fractional section selected in- 
stead of the sixteenth section. 

trespass on school lands. 

Sec. 1932. Penalty for trespass. — Every trespasser 
upon the school lands shall, upon conviction, be fined in 
three times the amount of damages done, and shall stand 
committed as in other cases of misdemeanor. Act April 
12, 1869, Sec. 13. 

estray fund. 

Sec. 7862. Fund shall go to school fund. — Every per- 
son who shall take up an estray beast which shall not be 
reclaimed by the owner within one year, shall pay into 
the county treasury in which such estray was taken up, 

103 



DIGEST OF SCHOOL LAWS. 

one half of the residue after deducting all legal expenses 
from the appraised value of the beast, and shall file the 
county treasurer's receipt for the same in the office of the 
county clerk, and the county clerk shall charge the coun- 
ty treasurer with all such funds as shall be paid into the 
treasury, and all such funds shall be apportioned among 
the several districts of the county, as other funds are 
now apportioned. Act March 15, 1897. 



ACT 331. 



AN ACT to authorize school districts in this state to ex- 
ercise the power of eminent domain and to take and 
11 56 private property for school purposes. 

Be it Enacted by the General Asembly of the State of 
Arkansas : 

Sec. 1. The school districts in this state are hereby 
authorized to exercise the power of eminent domain and 
to condemn, take and use private property for the use 
of said school districts for schoolhouses or necessary play 
grounds or other necessary uses incidental thereto. 

Sec. 2. Whenever any such district shall -lern it de- 
sirable or necessary to condemn, take or use any private 
property for the purpose mentioned in Section 1, it may 
condemn the same, first offering just compensation there- 
for. 

Sec. 3. In case the owners of such property and 
the authorized board of directors of the school district 
shall not be able to agree on the price to be paid for such 
property, the said school district may file in the circuit 
court of the county where such property is situated, con- 
demnation proceedings in which they shall set out specif- 
ically the description of the property desired, the pur- 
poses for which it is desired, and that the said district 
and the owner have not been able to agree upon a price 
therefor, and may, if the use or enjoyment of the prop- 

104 



DIGEST OF SCHOOL LAWS. 

erty is needed forthwith for the construction of any- 
building or proper carrying on of any school, request the 
court, or the judge thereof, at a convenient day, notice 
of such application being given such owner, to fix a 
proper sum of money to be deposited as security for the 
paj^ment of such damages as may be assessed, whereupon 
they shall have authority to take immediate possession of 
such premises for uses as set up in their petition. 

Sec. 4. If the damages or proper compensation for 
such property are not agreed upon before the case is 
called for trial in its regular order, a jury shall be im- 
paneled who, after hearing all the testimony, shall fix the 
compensation to be paid by such district, not exceeding 
the actual value of the land taken, without taking into 
consideration either detriment or benefit on account of 
school uses to said property or any adjacent property. 

Sec. 5. After the compensation is so fixed by the 
jury as in the preceding section provided, the school 
district shall, within sixty days thereafter, pay to the 
owner of said property, or to the clerk of the court 
wherein such verdict was rendered, the amount of such 
verdict, and the court shall thereupon enter an order con- 
demning said property and vesting the title in the same 
for school purposes in said district ; provided, either 
party shall have the right of appeal from any such order 
or judgment. , 

The provisions of this Act shall apply to the follow- 
ing named counties only: Jackson, Faulkner, Logan, 
Arkansas, Woodruff, Cross, Madison, Desha, Pulaski, 
Pope, Polk,, Yell, Searcy, Sevier, Mississippi, Miller, Crit- 
tenden, Baxter, Craighead and Montgom.ery, 

Sec. 6. All Acts or parts of Acts in conflict here- 
with are hereby repealed and this Act shall be in force 
from and after its passage. 

Approved May 31, 1909. 

105 



DIGEST OF SCHOOL LAWS. 

ACT 347. 

AN ACT to regulate and enforce attendance at the 
schools in Polk, Cleburne, Baxter,, Madison, Frank- 
lin, Sebastian, Yell, Independence and Scott counties, 
in the State of Arkansas. 

Be it Enacted by the General Assembly of the State of 
Arkansas : 

Sec. 1, Every parent, guardian, or other person in 
Polk, Cleburne, Baxter, Madison,. Franklin, Sebastian, 
Yell, Independence and Scott counties, in the state of 
Arkansas, having charge and control of children between 
the ages of eight and fourteen years, shall cause each 
child to attend regularly some day school, public, private 
or parish, not less than one-half of the entire time of the 
public school said child attends is in session, or shall pro- 
vide said child at home with such regular daily instruc- 
tion during the usual hours as shall be in judgment of 
court or school board having competent jurisdiction,, sub- 
stantially equivalent to at least the instructions given the 
child of like age and advancement of any day public 
school in the locality in which said child resides; pro- 
vided, that every parent, guardian or other person in 
Polk, Cleburne, Baxter, Madison, Franklin, Sebastian, 
Yell, Independence and Scott counties, in the state of Ar- 
kansas, having charge and control of children between 
the ages of fourteen and sixteen years, who is not active- 
ly and regularly and lawfully engaged in some useful em- 
ployment or service, shall cause said child to attend 
school as hereinbefore provided for children from eight 
to fourteen years. 

Sec. 2. A child between the ages aforesaid may be 
excused temporarily from complying with the provisions 

106 



DIGEST OF SCHOOL LAWS. 

of this act in whole or in part if it be shown to a court 
of competent jurisdiction or school board of said district 
that said parent or guardian, or person having charge 
and control of said child, is not able through extreme 
destitution to provide or obtain in any way proper cloth- 
ing for said child, or that said child is mentally or physic- 
ally incapacitated to attend school for the whole period 
required or any part thereof, or that there is no public 
school taught within two and one-half miles of the resi- 
dence of said child by the nearest traveled "road, or that 
the labor of said child is absolutely necessary for the sup- 
port of the family, or that said child has completed the 
common school course, including the eight (8) grades, 
and has certificate of same school the child attended. 

If any child is unable to attend school, as hereinbe- 
fore required, by not being able to procure books, on sat- 
isfactory proof of same the school board shall purchase 
said books out of the incidental fund for use of said child. 

Sec. 3. The board having charge of a public school 
in a city or district of three thousand or more population 
by the last census, may appoint, and remove at pleasure, 
one or more attendance officers to enforce the provisions 
of this act, and shall fix the compensation and manner of 
performance of the duties of the said attendance officers, 
and shall pay them from the public school fund of said 
city or district, and the attendance officers as aforesaid 
shall serve written or printed notices upon the parents or 
guardians, or persons who have charge or control of the 
children aforesaid, who violate the provisions of this act, 
shall when reasonable doubt exists as to the age of any 
such child, shall require a proper attested birth certificate 
or an affidavit stating such child's age, date of birth and 
physical characteristics; shall have the right to visit any 
office, factory or business house employing children as 

107 



DIGEST OF SCHOOL LAWS. 

aforesaid; shall have the right to require a proper at- 
tested certificate of attendance of any child or children at 
such day schools ; shall have power to arrest without war- 
rant all truants and non-attendants as aforesaid,, and 
place them in some public school, unless the parents, 
guardian or person in charge and control of said children 
respectively, shall at once place them in some other day 
school aforesaid, and shall serve legal notice and sub- 
poenas of the court and make such required arrests in 
the case which they prosecute without further fee or com- 
pensation than that paid by the board, as aforesaid. All 
constables, marshals, sheriffs and their deputies are ex- 
officio attendance officers and shall receive fees the same 
as in other cases of misdemeanors and shall carry into 
effect such other regulations as may lawfully be required 
by the school board. 

Sec. 4. The board having charge of the public school 
of any city or district having ten thousand or more popu- 
lation by the last census, may establish and maintain 
from the public school fund, one or more ungraded tru- 
ant or parental schools in such city or district. Any 
school board m^y at its discretion purchase land and 
maintain such school either within or without their own 
school district, for children who are between the ages of 
eight and sixteen years, and who are either habitual tru- 
ants from any school in which they are enrolled as pupils, 
or who while in attendance at any school are incorrigible, 
vicious or immoral, or who habitually wander or loiter 
about the streets or woods or public places without law- 
ful employment, and such children shall be deemed juven- 
ile disorderly persons, and may be by said school board, 
through its officers, assigned to and required and com- 
pelled to attend such truant or parental school or any de- 
partment of the graded schools as such school board or 
court may direct. 

108 



DIGEST OF SCHOOL LAWS. 

Sec. 5. Any parent or guardian or person having 
charge and control of children between the ages of eight 
and sixteen years violating any of the provisions of this 
act shall be warned, as aforesaid, as soon as possible after 
the beginning of the public school term of the city or 
town, district in which said child resides, and also at any 
time thereafter, by the attendance officers therein pro- 
vided, or by clerk of district where no attendance officer 
is provided for, to place and keep said child in regular at- 
tendance at some day school within ten days from the ser- 
vice of said written or printed notice of warning, and 
upon failure to comply with this act, after the lapse of ten 
days from the date of the service of said notice of warn- 
ing, said parent or guardian or person having charge and 
control of said child (shall) be deemed guilty of a misde- 
meanor and, upon conviction thereof, shall pay a fine of 
not less than five dollars nor more than twenty-five dol- 
lars; provided, that such fine may be suspended, finally 
remitted by court with or without payment of cost, at 
discretion of the court if said child be immediately 
placed and kept in regular attendance of some day school 
as aforesaid, and if such fact of regular attendance is 
proven subsequently to the satisfaction of said court by 
attested certificate of attendance by the superintendent or 
teacher of said school. 

Sec. 6. Every board having charge of the public 
schools of any town or district within the counties of 
Polk, Cleburne and Scott, in the state of Arkansas, shall 
each year publish a synopsis of this act ten days prior to 
the opening of the school in a newspaper published in the 
city or town or district in which the members thereof 
reside, or shall post copies thereof, in five or more public 

109 



DIGEST OF SCHOOL LAWS. 

places in the district, as will in their judgment best give 
knowledge thereof. 

Sec. 7. No child between eight and fourteen years 
of age shall be employed in any mine, factory, workshop, 
mercantile establishment, or any other manner within the 
usual school hours, unless the person employing him 
shall first procure certificate from the superintendent or 
the teacher of the school he or she attended, stating that 
such child attended school for a period as required by 
law, or has been excused from attendance as provided in 
Section 2. And it shall be the duty of such superintend- 
ent or teacher to furnish such certificate upon application 
of parent or guardian or person having such control of 
such child entitled to same. 

Sec. 8. Every owner, superintendent or officer of 
any mine, factory, workshop or mercantile establishment, 
and any other person who shall employ any child between 
eight and fourteen years of age contrary to the provisions 
of this act, shall be deemed guilty of a misdemeanor and, 
upon conviction, shall be fined for each offense in a sum 
not less than five ($5.00) nor more than ten ($10.00) 
dollars and costs. 

Sec. 9. Prosecutions under this act shall be brought 
in the name of the county of Polk, Cleburne, Baxter, 
Madison, Franklin, Sebastian, Yell, Independence or 
Scott, in the state of Arkansas, before any court of record 
having competent jurisdiction. In cities having fifty 
thousand population or more, and before any court hav- 
ing competent jurisdiction in other districts, and the fines 
collected shall be paid over to the county treasurer, to be 
credited to the general school fund of the city or county. 
No bond for cost shall be required by any court or officer 
in prosecution under this act. 

110 



DIGEST OF SCHOOL LAWS. 

Sec. 10. All laws in conflict with this law are here- 
by repealed, and this Act to take effect and be in full 
force from and after June first, 1909. 

Notice to Parents and Guardians, as required in Sec- 
tion 6: 

First. Every child between eight and fourteen years 
old and between fourteen and sixteen years, not regular- 
ly employed, must attend some day school at least half 
of the term each year — three or four months. 

Second. No child can be excused on promise to at- 
tend, he must attend first half of term before being ex- 
cused on that account. 

Third. Courts having jurisdiction, justice of the 
peace, in rural districts, and cities having less than fifty 
thousand population, may excuse children from attend- 
ing school for the following reasons : 

(a) Parents cannot supply proper clothing, (b) 
Child mentally or physically unable to attend, (c) No 
public school within two and one-half miles of the home. 

(d) Labor of the child is necessary to support family. 

(e) Child has completed the common school course. 

Fourth. No child between eight and fourteen years 
can be employed in mines, factories, workshops or store, 
unless excused for one of the five reasons, or has state- 
ment from teacher that he has already attended half of 
the term of that school year. 

Fifth. It is the duty of the attendance officer and 
district clerks to notify parents and guardians when 
children fail to comply with the provisions of the law. 

Sixth. The penalty for nonattendance falls on par- 
ent or guardian and in its maximum fee of twenty-five 
dollars or imprisonment for thirty days, or one or both. 



Ill 



DIGEST OF SCHOOL LAWS. 

Seventh. For illegal employment of the child em- 
ployers are subject to a fine of tv/enty-five dollars and 
costs. 

Eighth. Every school board shall publish this syn- 
opsis in a newspaper of the district, or post in five public 
places ten days before public school opens each year. 

Approved May 31, 1909. 



ACT 234. 



AN ACT to Regulate and Enforce Attendance at the 
Schools of the State of Arkansas. 

Be it Enacted by the General Assembly of the State of 
Arkansas: 

Sec. 1. Every parent, guardian or other person in 
the State of Arkansas, having charge or control of any 
child between the ages of (8) and (16) years, shall cause 
such child to attend regularly some day school, public,, 
private, parochial or parish, not less than one-half of the 
entire time the public school said child attends is in ses- 
sion, during any one year, or shall provide such child at 
home with such regular daily instruction during the 
usual hours as shall be, in the judgment of court or 
school board having competent jurisdiction, substantial- 
ly equivalent to at least the instructions given the child- 
ren of like age and advancement at the day public school 
in the locality in which said child resides. 

Provided, that every parent, guardian or other person 
in the state of Arkansas, having charge and control of 
any child between the ages of sixteen and twenty years, 
who is not actively and regularly and lawfully engaged 
in some useful emplojrtnent or service, shall cause said 
child to attend school as hereinbefore provided for chil- 
dren from 8 to 16 years. 

Sec. 2. Any child between the ages aforesaid may be 
excused temporarilv from complying with the provisions 

112 



DIGEST OF SCHOOL LAWS. 

of this act,, in whole or in part, if it be shown to a court 
of competent jurisdiction or school board of said district, 
that said parent or guardian, or person having charge or 
control of said child, is not able through extreme destitu- 
tion, to provide proper clothing for said child, or that said 
child is mentally or physically incapacitated to attend 
school for the whole period required or any part thereof, 
or that there is no public school taught within two and 
one-half miles of the residence of said child by the near- 
est traveled road, or that the labor of said child is ab- 
solutely necessary for the support of the family, or that 
said child has completed a common school course, includ- 
ing seven (7) grades, and has certificate of same froin 
the school said child attended. If any child, or children,, 
are unable to attend school as hereinbefore required by 
not being able to procure books, on satisfactory proof of 
same, the respective school board shall purchase said 
books out of the general school fund of said district. 

Sec. 3. The board having charge of a public school 
in a city or district shall appoint for a period of one 
year, one or more attendance officers to enforce the pro- 
visions of this act. The fees of said attendance officers 
shall be the same as that of peace officers for similar 
service, and said fees shall be paid from the public 
school funds of the city or district. The attendance of- 
ficers shall serve written or printed notices upon the par- 
ents or guardians, or persons who have charge and 
control of any child or children as aforesaid who violate 
the provisions of this act, and shall, when reasonable 
doubt exists as to the age of any child, require a prop- 
erly attested birth certificate or an affidavit stating such 
child's age, the date of birth and physical character- 
istics; and shall have the right to visit and enter any 
office or factory or business house employing children as 
aforesaid; and the right to require a properly attested 
certificate of attendance of any child or children at such 

113 



DIGEST OF SCHOOL LAWS. 

day school; and power to arrest without warrant all 
truants and non-attendants as aforesaid and place them 
in some public school, unless the parents,, guardians or 
persons in charge and control of said children, respect- 
ively, shall at once place them in some other day school 
as aforesaid. Such attendance officer shall serve the 
legal notices and subpoenaes of the court, without 
further fee or compensation than that paid by the board 
as aforesaid, and he shall carry into effect such other 
regulations as may lawfully be required by the board ap- 
pointing him. 

Sec. 4. The board, having charge of the public 
schools of any city or district having 10,000 or more 
population by the last census, may establish and maintain 
from the public schools in such city or district, or any 
school board may, at its discretion, purchase land and 
maintain such school, either within or without their own 
school district for children who are between the ages of 
eight and sixteen years, and who are either habitual tru- 
ants from any day school in which they are enrolled as 
pupils, or who, while in attendance at any school, are in- 
corrigible, vicious or immoral, or who habitually wander 
or loiter about the woods or public places without lawful 
employment, and such children shall be deemed juvenile 
disorderly persons, and may be by said school board, 
through its officers, assigned to, and required and com- 
pelled to attend such truant or parental school,, or any de- 
partment of the graded schools, as such school board or 
court may direct. 

Sec. 5. Any parent or guardian, or person having 
charge and control of any child between the ages of eight 
and sixteen years, violating any of the provisions of this 
act, shall be warned as aforesaid, as soon as possible after 
the beginning of the public school term of the city, town 
or district in which such child resides, and also at any 

114 



DIGEST OF SCHOOL LAWS. 

time thereafter by the attendance officer herein provided 
for, or by the clerk of district where no attendance officer 
is provided for, to place and keep said child in regular at- 
tendance at some day school, within ten days from the 
service of the said written or printed notice of warning, 
and upon failure to comply with this act, after the lapse 
of ten days from the date of the service of said notice of 
warning, said parent, guardian or person having charge 
or control of said child shall be deemed guilty of a misde- 
meanor, and upon conviction thereof shall pay a fine of 
not less than ten ($10.00) dollars and not more than 
twenty-five ($25.00) dollars. 

Provided, that such fine may be suspended and 
finally remitted by the court trying the case, with or 
without payment of cost, at discretion of the court, if the 
said child be immediately placed in regular attendance in 
some day school as aforesaid, and if such fact of regular 
attendance is proven subsequently to the satisfaction of 
said court by attested certificate of attendance by the 
superintendent or teacher of said day school. 

Sec. 6. Every board having charge of the public 
schools of any city, town or district in the State of Ar- 
kansas, shall each year publish a synopsis of this act ten 
days prior to the opening of school, in a newspaper pub- 
lished in the town, or city, or district, in which the mem- 
bers thereof reside, or shall post copies thereof in five 
or more conspicuous places in said district, city or town. 

Sec. 7. No child between eight and sixteen years of 
age shall be employed in any mine, factory, workshop, 
mercantile establishment, or in any manner, during the 
usual school hours while such school is in session, unless 
the person emT^loying such child shall first procure a cer- 
tificate from the superintendent or the teacher of the 
school he or she attended, stating that such child attended 
school for the period required by law, or has been ex- 



115 



DIGEST OF SCHOOL LAWS. 

cused from attendance as provided in section 2 of this 
act, and it shall be the duty of such superintendent or 
teacher to furnish such certificate upon application of a 
parent, guardian or person having control of such child 
entitled to same. 

Sec. 8. Every owner, superintendent or officer of 
any mine, factory, workshop or mercantile establishment, 
and any other person who shall employ any child between 
eight and sixteen years of age, contrary to the provisions 
of this act, shall be deemed guilty of a misdemeanor, and, 
upon conviction, shall be fined for each offense in a sum 
not less than ten ($10.00) dollars, nor more than thirty 
($30.00) dollars. 

Sec. 9. Prosecution under this act shall be brought 
in the name of the state of Arkansas before any court 
having competent jurisdiction, and the fines collected 
shall be paid over to the county treasurer and be cred- 
ited to the general school fund of the respective city,, 
town or district, no bond for cost shall be required by any 
court or officer in prosecution under this act. 

Provided, the following counties shall be exempted 
from, the provisions of this act : 

Arkansas, Ashley, Baxter, Boone, Bradley, Calhoun, 
Clark, Chicot, Cleburne, Columbia, Conway, Crittenden, 
Cross, Dallas, Desha, Drew, Hempstead, Hot Spring, 
Howard, Izard, Jefferson,, Lafayette, Lee, Lincoln, Little 
Eiver, Logan, Lonoke, Marion, Miller, Missisair'i^i, Mon- 
roe, Montgomery, Ouachita, Perry,, Phillips, Pikt, Poin- 
sett, Polk, Pope, Pulaski, Saline, Searcy, Woodruff and 
Yell. 

Approved May 12, 1909. 

116 



DIGEST OF SCHOOL LAWS. 

ACT 189. 

AN ACT to amend Act number 266 of Acts of 1905, ap- 
proved May 6, 1905, and Section 7590 of Kirby's 
Digest of the Statutes of Arkansas. 

Be it Enacted by the General Assembly of the State of 
Arkansas : 

Sec. 1. That Act No. 266 of the Acts of 1905 be and 
the same is hereby amended to read as follows : 

For the purpose of raising revenue to support the 
state government, the charitable institutions of the state, 
and the commion school, a tax shall be levied on the tax- 
able property of the state, as follows: 

For defraying the general expenses of the state gov- 
ernment, including the charitable institutions of the state 
and to supply deficiencies, there shall be levied for each 
fiscal year beginning on the first Monday in February,, 
1907, one and three-fourths mills on the dollar; for the 
support of common schools, three mills on the dollar. 
There shall also be levied annually one dollar per capita 
on every male inhabitant of the state over twenty-one 
years of age for common school purposes. Provided, this 
act shall not be construed to effect the levies provided for 
in Sections 6493 and 242 of Kirby's Digest, and that pro- 
vided for a Capitol fund by act of April 29, 1901, and the 
act to pension ex-Confederate soldiers, approved March 
4, 1907. 

Sec. 2. Be it further enacted that Section 7590 of 
Kirby's Digest be and the same is hereby amended so as 
to read as follows: 

Sec. 7590, The electors of every school district shall, 
when' lawfully assembled in annual school district meet- 
ing, with not less than five electors present, have the 
power, by a majority of the votes cast at such meeting; 

117 



DIGEST OF SCHOOL LAWS. 

first, to choose a chairman; second, to adjourn from time 
to time ; third, to appoint when necessary, in the absence 
of the directors of the district, a clerk pro tern; fourth, to 
elect a director for the district for the next three school 
years, who can read and write; fifth,, to designate a site 
for a school house ; sixth, to determine the length of time 
during which a school shall be taught more than three 
months in a year; seventh, to determine what amount of 
money shall be raised by tax on the taxable property of 
the district, sufficient,, with the public school revenues ap- 
portioned to the district, to defray the expenses of a 
school for three months, or for any greater length of 
time, they may decide to have a school taught during the 
year; provided, no tax for the purpose aforesaid greater 
than seven-tenths of one per cent on the assessed value of 
the property of the district shall be levied ; and, provided 
further, they may if sufficient revenue cannot be raised 
to sustain a school for three months during any one year, 
determine by ballot that no school shall be taught during 
such year, in which case the revenue belonging to such 
district shall remain in the treasury to the credit of such 
school district; eighth, to repeal and modify their pro- 
ceedings from time to time. 

Sec. 3. All laws and parts of laws in conflict here- 
with be an dthe same are hereby repealed, and this act 
shall take effect and be in force from and after its pas- 
sage. 

Approved April 17, 1907. 



ACT 271. 



AN ACT to amend Section 17 of an Act entitled "An Act 
to provide for the establishment and maintenance of 
a State Normal School for the State of Arkansas." 

Be it Enacted by the General Assembly of the State of 
Arkansas : 



118 



DIGEST OF SCHOOL LAWS. 

Sec. 1. That Section 17 of an act entitled "An Act 
to provide for the establishment and maintenance of a 
state normal school for the state of Arkansas," approved 
May 14, 1907, be amended so as to read : 

"The normal school board is authorized to grant the 
degree of licentiate of instruction to such students as 
shall have completed the full course of instruction in said 
normal school, shall have been recommended by the facul- 
ty, and shall have passed an approved examination. Such 
diploma v^hen signed by the members of said examining 
board, the same to be appointed by the normal school 
board, the president and secretary of the normal school 
board and the president of the normal school shall be 
equivalent to a professional license, authorizing the 
holder of the same to teach in any public school of the 
state of Arkansas for a period of six years from and after 
the date of issue, and after the expiration of that time 
said diploma may be converted into a life certificate pro- 
vided the character of work done by the holder thereof 
and his moral character meet the approval of the normal 
school board." 

Sec. 2. That all laws or parts of laws in conflict 
herewith be and the same are hereby repealed, and this 
act shall take effect and be in force from and after its 
passage. 

Approved May 24, 1909. 



ACT 100. 



AN ACT to provide for the establishment and mainten- 
ance of Public Schools of Agriculture in the State of 
Arkansas. 

Be It Enacted by the General Assembly of the State of 
Arkansas : 

Sec. 1. For the purpose of this act, the state of Ar- 
kansas is divided into the following districts : 

119 



DIGEST OF SCHOOL LAWS. 

The First District to be composed of the following 
counties : Baxter, Fulton, Sharp, Randolph, Clay,, Greene, 
Lawrence, Izard, Stone, Independence, Jackson, Craig- 
head, Poinsett, Mississippi, Crittenden, Cross. St. Francis, 
Woodruff, White, Cleburne. 

The Second District shall be composed of the follow- 
ing counties : Marion, Boone, Carroll, Benton, Washing- 
ton, Madison, Newton, Searcy,, Van Buren, Conway, 
Pope, Johnson, Franklin, Crawford, Sebastian, Logan, 
Yell, Perry ,^ Scott and Faulkner. 

The Third District shall be composed of the follow- 
ing counties : Polk, Montgomery, Garland, Saline, Pu- 
laski, Hot Spring, Pike, Howard, Sevier, Little Eiver,, 
Hempstead, Clark, Nevada, Ouachita, Columbia, Lafay- 
ette and Miller. 

The Fourth District shall be composed of the follow- 
ing counties : Lonoke,, Prairie, Monroe, Lee, Phillips, Ar- 
kansas, Jefferson, Grant,, Dallas, Cleveland, Lincoln, 
Desha, Drew, Bradley, Calhoun, Union,, Ashley and 
Chicot. 

Sec. 2. Within each of the foregoing districts there 
shall be established an industrial school to be known as 
"The State Agricultural School" of its respective district 
and in which shall be taught agriculture, horticulture 
and the art of textile manufacturing. . 

Sec. 3. The governor of the state, with the concur- 
rence of the senate, shall appoint in each of the above 
named districts five trustees, who shall be intelligent 
farmers, said five trustees in each district shall constitute 
a board of trustees for their respective district, with 
power to control the management of the schools herein 
provided for, and make rules and regulations for the 
management of same, subject to the provisions of this 
act. Said trustees shall hold office for a term of ten years 
or until their successors are appointed ; provided, the first 

120 



DIGEST OF SCHOOL LAWS. 

incumbents shall serve for the following periods : One for 
two years, one for four years, one for six years, one for 
eight years, and one for ten years; and thereafter one 
new member appointed every two years; provided furth- 
er, the governor shall have power to fill all vacancies 
caused by death, resignation or otherwise, by appointing 
a trustee to fill the unexpired term, and he shall also have 
power to remove any trustee for good cause shown. 

Sec. 4. The board of trustees in each district shall 
have power to locate the agricultural school within such 
district, and the board shall take into consideration the 
nature of the soil, healthfulness of location, general de- 
sirabilities, and other material inducements offered, such 
as the donation of buildings, lands or money. 

Sec. 5. Said board shall elect one of its members 
president, one vice president and one secretary. 

Said board shall meet upon call of the president, and 
after the school is located the board meetings shall be 
held at the school. The members of the board shall be 
allowed two ($2.00) dollars per day and necessary ex- 
penses while attending meetings of the board, and a ma- 
jority shall constitute a quorum to do business. All ex- 
penses shall be certified by the president or vice presi- 
dent, attested by the secretary, to the state auditor,, and 
paid out of the appropriation herein provided. 

Sec. 6. The course of study shall be provided by the 
trustees of each school and shall consist of at least prac- 
tical experiment, treatises or lectures on agriculture and 
horticulture, and as soon as practicable and not later 
than one year succeeding the opening of each school, there 
shall be established in connection therewith a textile 
school in which shall be taught the art of cotton manu- 
facturing, and other textile manufacturing, should the 
board of trustees deem it expedient. 

121 



DIGEST OF SCHOOL LAWS. 

Sec. 7. The faculty of each school shall consist of a 
principal, who shall be a graduate of some reputable 
school of agriculture : one instructor in stock raising and 
dairying ; a competent textile instructor and assistants as 
may be necessary. The trustees may combine the duties 
of any of the above when practicable. 

Sec. 8. That after the first buildings are erected and 
are ready for temporary use, all work in, on and about 
said school,, or on the farm or on or in the barns con- 
nected Vv'ith such schools, whether it be farming, building, 
care of stock, or whatever kind of work, shall be per- 
formed by students of said school under such regulations 
for the proper divisions and alterations in such work as 
mny be provided by the trustees. 

Sec. 9. That the tuition in said school shall be free, 
and the trustees may limit the number of students from 
time to time, according to the capacity and means of the 
institution, and shall make such rules of admission as to 
equalize, as nearly as practicable,, the privileges of the 
school among the counties according to population, and 
the trustees may defer the actual opening of the school 
until such time as may be necessary to prepare reason- 
able facilities and equipment for the beginning of same; 
but it is made the duty of the trustees to open said school 
even though it may have to be done on a limited scale as 
early as practicable and afterwards extend its operations 
as circumstances may permit; and the trustees are au- 
thorized to rent, to the best advantage from time to time, 
any portion of the property of such schools not required 
for the immediate use of said school. No student under 
the age of fifteen years shall be admitted as a student at 
such schools. 

Sec. 10. There is hereby appropriated out of any 
funds in the state treasury not otherwise appropriated 
$160,000.00, or so much thereof as may be necessary, 

122 



DIGEST OF SCHOOL LAWS. 

$40,000.00 of which shall be for the benefit of each of the 
aforesaid districts for the purpose of this act. All funds 
realized from the operation of said schools shall be paid 
into the state treasury to the credit of the general rev- 
enue fund. 

Sec. 11. The several agricultural schools provided 
for by this act shall co-operate by reporting to each the 
results of their several experiments and shall mutually 
agree upon the publication of such bulletins for free dis- 
tribution as they may deem to the best interest of those 
engaged in agricultural pursuits. 

Sec. 12. That all laws and parts of laws in conflict 
with this act are hereby repealed, and this act take effect 
and be in force from and after its passage. 

Approved April 1, 1909. 



LEE DAY. 

AN ACT to encourage the study of Arkansas History 
and to promote the spirit of patriotism in the Public 
Schools of Arkansas. 

Be It Enacted by the General Assembly of the State of 
Arkansas : 

Sec. 1. That the nineteenth of January, the birth- 
day of Robert Edward Lee, shall be observed in all the 
public schools of this state as a day for patriotic exercises 
and the study of the history and the achievements of Ar- 
kansas men. 

Sec. 2. The state superintendent of public instruc- 
tion is hereby authorized to prepare and publish annually 
for use in all public schools of the state, a program of 
exercises dealing with events in the life of General Lee 
and other distinguished men, giving attention also to the 
achievements and work of eminent men who have served 
this state in civil and military life. 

123 



DIGEST OF SCHOOL LAWS. 

Sec. 3. It shall be the duty of county examiners, 
city superintendents and principals of schools to aid in 
carrying on this work and they shall arrange the exer- 
cises of their various schools in accordance with the pro- 
visions of this act. 

Sec. 4. This act shall be in full force and effect from 
and after its passage. 

Approved February 13, 1905. 



ARBOR DAY. 
AN ACT declaring the First Saturday in March of each 
year Arbor Day. 

Whereas, The splendid and remarkable development 
of the rich and varied resources of the state of Arkan- 
sas is rapidly developing her many towns and hamlets 
into great commeicial and manufacturing cities, thus 
driving farther and farther from the cottage home the 
stately beauty and grandeur of our noble forests, and in 
order to preserve to ourselves and those who shall inherit 
from us, some of the natural and original beauty of our 
foliage and benign comforts of the kings of shade trees as 
they spread their classic and beautiful branches, beguiled 
by the balmy breezes and alluvial soils, and that we may 
have more of the beautiful roses, the sweet scented hon- 
eysuckle, the glorious trumpet vine, and the thousand 
other ennobling shrubs and trailing vines that grow no- 
where more perfectly than in Arkansas, and in order that 
a day may be set apart and dedicated to their tender 
planting and affectionate care; therefore 
Be It Enacted by the General Assembly of the State of 

Arkansas: 

Sec. 1. That the first Saturday in March of each 
year be and the same is hereby declared Arbor Day. 

Sec. 2. This act shall be in force and effect from 
and after its passage. 

Approved April 25, 1905. 

124 



INDEX 



AGRICULTURAL SCHOOLS 

Four Established, Organization, etc. 
AGRICULTURE AND HORTICULTURE: 

Must be tauglit in public schools 

ANNUAL SCHOOL ELECTION: 

Special school districts 

ANNUAL SCHOOL MEETING: 
Common School Districts — ■ 

Who hold meetings, when. 

Voters' qualifications 

Electors, powers of 

How held 

Ballot contains what 

County court to ascertain tax 

Return to county court 

Taxes levied and collected 

APPARATUS 

Common School Districts — • 

May spend twenty-five dollars. 

Approved by state superintendent. 

Board may purchase same. 
APPORTIONMENT OF SCHOOL FUND: 

By state superintendent 

Basis of 

By county court 

To new districts 

County examiners report to clerk 

County examiners report to superintendent 

County clerk report to court 

Reimbursement for loss 

How refunded 

ARBOR DAY 

ATTENDANCE OFFICER (See Compulsory Attendance). 
ATTORNEY GENERAL: 

Duties, school fund 

Opinion of, when given 

AUDITOR: 

Commissioner, common school fund 

Accountant, board of commissioners 

of common school fund 

Superintendent has access to books 

AUTHENTICATION 

Of any paper or document. 

B. 

BLANKS: 

To be furnished by state superintendent 



Pages. 
119, 123 



28 



82, 83 



44 
45 

45 
47 
48 
48 
48 
49 



12 

12 
20 
21 
22 
30 
22 
22 
22 
124 



7, 98 
13 

6 
6 

7 
13 
17 



11 



Index. 



Directors may secure, from whom 

BALLOT: 

Contains what 

BOOK AGENTS: 

State superintendent not to act as 

County examiner not to act as , 

BOUNDARY LINES: 

Of school districts changed by court 

Petitioned by electors 

Must give notice 

BUILDINGS: 

Report to be made of 

Care of, by directors 

Site for, how designated 

Funds for, how provided 

Board may purcliase 

c. 

CERTIFICATES: 

State 

Professional 

County, requirements for 

Revocation of 

Notice of revocation 

Renewal of. Act 311 

Teacher must hold 

CHARTS, GLOBES, ETC.: 

May be purchased by 

Amount expended for 

CLERK BOARD OF DIRECTORS: 

Keep records 

Matte report 

COLLECTORS: 

Duties as to per capita tax 

COMPULSORY ATTENDANCE: 

Act 347 1 

Act 234 1 

COMMISSIONERS, COMMON SCHOOL: 

How composed 

Time and place of meeting 

Who presides 

The secretary of 

Record of 

General duties of , 

COMMON SCHOOL (See Free School). 
COMMON SCHOOL FUND: 

Collection of 

Debts due 

County treasurer's commission on 

Sources of — 

State tax, three mills 

Sale of lands, gifts, etc 

Doubtful funds 



Pages. 
9 

49 



48, 



19, 



14 
14 

20 
19 
19 

65 
56 
45 
56 
84 



14 
15 
28 
27 
27 
33-35 
58 

60 
60 

64 
65 



06-112 
12-116 

6 

6 
6 
6 
6 

7 



5 

98 
79 

3 

3 

4 



Index. iii 

Pages. 
Act 189 (of 1905) 117, 118 

CONTRACTS TO TEACH: 

Who may contract 58 

On what conditions 58 

Must be written in duplicate 59 

Petition required, when 59 

CORPORAL PUNISHMENT _ 68 

(See notes and decisions). 

COUNTY CLERKS: 

Submit apportionment to county court 12 

Report to county court 22 

Notice when examiner apportions 24 

Receive directors reports 65 

COUNTY COURT: 

Apportionment by 20 

Apportionment of doubtful funds 4 

Change of districts 18-22 

To appoint county examiners 23 

May remove examiner 32 

Transfers 69-71 

Appoint uniformity board 50 

Call election (Act 321) 91-92 

COUNTY EXAMINERS (See Examiner) 20 et seq. 

COUNTY, NEW: 

Reimbursed for loss 22 

COUNTY SUPERINTENDENT 35-44 

(Act of 1907). 
COUNTY UNIFORMITY OF TEXT BOOKS (See Text Books). 

COURSE OP STUDY 16 

D. 

DEBTS DUE SCHOOL FUND 6 

DICTIONARIES (See Charts) CO 

DIRECTORS 53 et seq. 

How elected 45, 48, 82 

May not be county examiners 24 

When to qualify 54, 83 

Who to administer oath 'i 

Penalty for refusing to serve 54 

Penalty for nonperformance of duty 54, 55, 72, 67 

Penalty for failure to report tax 72 

Vacancy, how filled 55, 84 

Must establish separate schools 55 

Have general charge 56, 84 

Must contract with teachers 58, 84 

May certify to their reports 67 

Must adopt text-books 61 

Must furnish register 61 

Must visit the schools 62, 86 

Must submit estimate 62 

Must defend for district 63 

Must draw orders on treasurer 63, 87 

Schools closed on examination days 72 



iv Index. 

Pages. 

Must not employ teachers in certain cases 58-60 

Duties of clerk of board 64, 65, 87 

Must report to county clerk 65 

Must report to county examiner 65 

Must not employ relatives 59 

Must settle with county treasurer 67 

May borrow money 90 

May permit elder persons to attend school 69 

May suspend pupils 67 

Duties as to rules 68 

Duties as to transferred children 70, 71 

Duties as to private schools 72 

Exempt from working roads ''2 

For separate school districts 80 et seq. 

Penalty for false oath 67 

Must close schools in certain cases 72 

Penalty for fraud 78 

Must g'ive notice of election 64, 82 

Require teaching of agriculture 28 

Appoint attendance officers 107, 113 

May insure school buildings 60 

■DISBURSEMENT OF FUNDS 77, 78, 87 

DISTRICTS: 

Tax limit 3,117 

Dissolution of 19 

Boundaries of 17 

Changes of 17, 18 

Style and name of 18 

New districts 18 

Special or separate districts 80 et seq. 

Transfers from one to another 69 

Vacancy in office of 55, 84 

Must be numbered 31 

Inhabitants of to be encouraged, how 30 

May be dissolved by county court 19 

Notice of change 17 

Number required for formation 18 

New district liable for debt 19 

Shall be known by name of city 88 

DISTURBANCE OF SCHOOL, PENALTY 77 

E. 

ELECTION: 

School 44, 82 

Who may vote ". 45 

How to organize 45 

What may be done at 45 

Who to hold 47 

Time for opening and closing polls , 44, 82 

Forms of ballots 48, 59, 36 

Who to count ■< S 

Duties of election judges 48, 82 

Duty of county clerk 48 

Duty of county court 48 

In separate school districts 82, 83 



Index. v 

Pages. 

County uniformity of text boolcs 49 et seq. 

When held 44, 82 

ELECTORS: 

Must have poll tax receipt 44 

Powers of 45 

Qualifications 44, 45, 89 

ELEMENTARY AGRICULTURE 28 

EMINENT DOMAIN 104 

ENUMERATION: 

Report, contains what 65 

When taken 65 

Duty of whom 65 

Penalty for failure 67 

ESTIMATE OF DIRECTORS: 

Must include what 62 

ESTRAY FUND 102 

EXAMINATIONS : 

Must be public and quarterly 25, 26 

Private 25 

Re-examination 27 

Schools must be closed 72 

Teachers not to be charged for loss of time 75 

Where held 25 

Professional 15 

State 14 

County examiner 24 

Fees 25 

EXAMINERS: 

Appointment of 23 

Duties of clerk 24 

Duties of .iudge 23 

Duties of state superintendent 24 

Examination of 24 

Expenses of 32 

General duties of 25 et seq. 

How removed 32, 35 

Institutes must be held by 33 

May not be a director 24 

Must hold public quarterly examinations 25 

Must keep record of licensed teachers 30 

Must prepare a report 30 

Must number school districts 31 

Must encourage the people 30 

Penalties for failure to perform his duties 32 

Qualifications 23 

Reports of county clerk 22 

Revocation of license 27. 

Salary of 24, 32 

When to qualify 23 

Must take oath 23 

Time to report 22, 30 

Must furnish pupils certificates 33 

May renew license 33-35 

Exempt from road duty 72 

Chairman of uniformity board 50 



vi Index. 

Pages. 

May not be book agent 14 

EXEMPTIONS: 

From road duty 72 

Who are exempt 72 

F. 

FREE SCHOOLS: 

Definition of 3 

High schools may be 86 

Failure of county to receive school fund 22 

Fund, common school 3-8 

Claims due, how collected 6 

Limit of taxes for. 3, 45, 117 

Per capita tax for 3, 5, 117 

Power to tax for 3 

Right to attend 3, 69 

Support of 3, 4 

What may be taught in 16, 28 

FUNDS: 

Common school 3-8 

Treasurers to report 79 

Treasurers' commission on 79 

To be invested 7 

How apportioned 12, 20 

How paid out of state treasury 12 

Estray fund 102 

G. 

GLOBES, ETC.: 

Who may purchase 60 

By whose authority 60 

GRADED COURSE OF STUDY: 

Shall consist of what 16 

Shall be prepared by whom 16 

Must be used in schools 16 

GRADES OF CERTIFICATES (See Certificates). 

H. 

HIGH SCHOOLS: 

Who shall establish 86 

I. 

INCOMPETENCY OF TEACHER: 

May be removed for 27 

Contract no defense for 86 

INSTITUTES: 

County examiner to hold 33, 35 

Teachers must attend 33, 35 

County superintendent to hold 42 

Who may assist 35 

Shall hold how long 33 



Index. vii 



Pages. 

Must be held in June 33 

Must not be held during examination 75 

INSURANCE: 

Directors may insure building 60 

INSULTING TEACHER: 

Penalty for 77 

J. 

JUDGE, COUNTY (See County Court). 

L. 

LEASE OF SCHOOL LANDS: 

Must be leased publicly. . 102 

Notice must be given 102 

Collector may rent privately 103 

Usages shall govern 103 

LEE DAY 123 

LICENSES TO TEACH (See Certificates). 

M. 

MAPS (See Charts). 
MAYOR: 

Duties of in separate districts 81 

MONTH: 

Term defined 60 

N. 

NOTICE: 

Of annual school meeting 64 

Of compulsory attendance 109, 115 

Of county examiners 19 

Of change in district 20 

For formation of separate districts 81, 92 

For lease of school lands 102 

For revocation of license 27 

For change of site, etc 64 

NORMAL CERTIFICATE 119 

0. 

OATH OF OFFICE OP DIRECTORS 54, 83 

OFFICERS: 
See- 
State Superintendent. 
County Superintendent. 
County Examiner. 
Directors. 

Commissioners of Common School Fund. 
Attendance Officer. 



viii Index. 

P. 

Pages. 

PATENTS 100-102 

PERMANENT SCHOOL FUND 4 

PETITION: 

For separate districts 80, 92 

For transfer 69 

To employ teachers related to directors 59 

POLL. BOOKS: 

To be used by directors in annual meeting 9 

To be furnished, by whom 9 

To be returned, to whom 48 

PRIVATE SCHOOLS: 

Directors may permit 72 

PROSECUTING ATTORNEY: 

Duties as to school fund 80 

On violation of law, duty of 80 

PUBLIC SCHOOLS (See Free Schools). 

PUBLISHERS: 

Must furnish bond 52 

Must furnish samples 53 

PUNISHMENT: 

Who may administer 68 

May not be too severe 68 



Q. 



QUESTIONS: 

To be furnished by state superintendent 25 

Shall be sealed 25 

Shall be opened when 25 

R. 

RACES, SEPARATE SCHuOLS FOR 55 

REMOVAL: 

Of teacher 84 

Of county examiner 32, 35 

RENEWAL OF LICENSE 35 

REPORT: 

Of state superintendent. 10, 11 

Of county examiner 22, 30, 31 

Of school directors to county examiners 65, 66 

Of school directors to county clerk 65 

Of county superintendent 41 

Of teachers 61, 76 

REVOCATION OP LICENSE: 

Of teacher .' 27 

Of county examiner 35 

RIGHTS: 

Of district over funds 21 

Of parties transferred ; 71 



Index. ix 

Pages. 
Of Directors — 

In common school districts 53 et seq. 

In special school districts 82 et seq. 

Of electors 39 

RULES : 

Directors may make ■. 67, 68 

Teachc-rs enforce 67, 68 

s. 

SALARY OF EXAMINERS: 

Shall not exceed what 24 

Fee for report 32 

Fee for expenses 32 

SCHOOL DIRECTORS (See Directors): 

SCHOOL DISTRICTS (See Districts). 

SCHOOL LANDS: 

Inhabitants may petition for sale 92 

Shall be appraised 94 

Shall give notice of sale 94 

Sale shall be public 95 

Court may affirm sale of 95 

SCHOOLS (See Free Schools). 

SCHOOLS FOR CITIES AND TOWNS (See Special School Districts). 

SCHOOLHOUSBS: 

Tax must be voted for 45 

Directors to have charge of and contract for 56 

Not lawful to fix a site for, or vote tax for, when.. 64 

Private school may be taught In 72 

Penalty for defacing 76 

In special districts, board has power to act 84 

SCHOOL LAWS: 

State superintendent to publish 13 

SEAL OF STATE SUPERINTENDENT: 

Shall adopt 17 

He shall affix seal 13 

SECTARIAN BOOKS PROHIBITED 75 

SECRETARY OF STATE: 

One of board of commissioners 6 

Shall be president of board 6 

May call meetings 6 

SEPARATE SCHOOL DISTRICTS (See Special School Districts). 

SEPARATE SCHOOLS: 

For both races 55 

SINGLE DISTRICTS (See Special School Districts). 

SIXTEENTH SECTIONS 5, 92-98, 102 

SPECIAL SCHOOL DISTRICTS: 

Monthly meeting of board 84 

May borrow money 90 

Organization of 80 

Powers of board 84, 88 

Board shall control property 87 



X Index. 

Pages. 

Shall be known by name of city 88 

Limits coincide with city 91 

Right of eminent domain 104, 105 

When not in incorporated towns 91, 92 

General school laws shall apply, when 89 

STATE LANDS: 

Ten per cent of sales 3, 4 

STATE NORMAL CERTIFICATES 119 

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION: 

Duties of with reference to common school fund. . . 6 

Apportionment by 12 

General duties of 8 et seq. 

To publish laws and render decisions 13 

Vacancy in office 14 

Not to act as agent 14 

To grant state certificates ; . . 14 

To recommend books, etc 16 

Must examine county examiner 24 

Report of, includes what 10, 11, 12 

Shall furnish examination questions 9 

To grant professional licenses 15 

Shall adopt seal 17 

Advise special districts 89 

SUITS AT LAW: 

Directors' duties 63 

May employ lawyers 63 

SUPERVISION OF PUBLIC SCHOOLS: 

To whom cenfined 8 

See — 

State Superintendent. 
County examiner. 
County Superintendent. 
School directors. 

SUSPENSION OF PUPILS: 

In whom vested 67 

For what causes 68 

T. 

TAX LEVY 3, 45, 49, 117-118 

TEACHERS: 

Assistants must hold license 68, 59 

Assistants must have contract 58, 59 

Cannot suspend pupils 67 

Causes for revocation of license 27 

Certificates, grades of 28, 14, 15 

Certificates expiring while teaching, effect of 73 

~^ Examination of 25 

May have license revoked 27 

Moral character of 26 

Must pay fees to county treasurer 25 

Must contract with directors 58 

Must hold license , , 73 



Index. xi 

Pages. 

Must use register 74, 76 

Must report infraction of rules 67, 68 

Must believe in a supreme being 26 

Must teauh common school branches 16 

Mn- 1 attend county institutes 34 

Must not permit sectarian teaching 75 

Tvliist not be charged for loss of time, when 75 

I'enalty for failure to report 76 

Penalty for teaching without license 73 

Power as to rules 67, 68 

Power as to corporal punishment 68 

What teachers must report 61 

With certain vices, may not teach 26 

Wages, how affected by revocation 27 

Removal of 27, 86 

Must teach adopted books 16 

Must present petition, wlien related to any one of 

directors 59 

TEACHERS INSTITUTES (See Institutes). 
TEXT-BOOKS; 

State superintendent to prepare list of 16 

Directors to adopt 61 

Uniformity of 49 et seq. 

How adopted 49 

Who shall appoint board 50 

Duty of publishers 52, 53 

Compensation of board 51 

Examiner shall be chairman 50 

Special districts may accept 53 

TRANSFERS: 

General power 69 et seq. 

Colored children, ten or less 69 

White children, ten or less 69 

Taxes of 70 

Rights of transferred persons to vote 70, 71 

Persons transferred ma/y be director 70, 71 

Can be made only into adjoining districts 70 

Minor may not transfer 70 

TREASURER: 

State 7 

County 12, 25, 77, 78 

Orders of directors upon 63, 75 

Duties as to funds of transferred children 71 

Commission on school fund 79 

Report to state superintendent 79 

Notice of funds 78 

Keep record of warrants 79 

Pay warrants in order of registration 79 

TRESPASS: 

Penalty for 77 

TUITION: 

Who to pay 69, 84 



Xll 



Index. 



U. 

UNIFORMITY OF TEXT BOOKS (See Text Books). 

V. 



VACANCIES: 

In office of superintendent of public instruction. 

In office of examiner 

In office of director 

VISITATION: 

Of directors 

In separate "districts 



Pages. 

14 
23, 32 

55, 84 

62 



w. 

WARRANTS: 

Must be drawn by wliom 

By whom paid 

Unlawful for certain officers to own. 

District tax payable by warrant 

Paid in order of registration 

Time for presentation 

Of special districts 



33 
63 

77 
77 
79 
79 

87 



